IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31192 of 2011 Hare Ram Bind son of Doman Chaoudhary, resident of village-Kazipur, P.S.-Simri, District-Buxar Versus The State of Bihar -----------
2. 15.9.2011. Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioner apprehends his arrest in connection with a
case registered for the offence punishable under section 304B/34 of
the Indian Penal Code.
It is alleged that daughter of the informant was married
to co-accused Jairam Bind six years ago. After three years of
marriage “Gauna” was performed. On 31.5.2006 at about 6 p.m. the
informant came to know regarding death of his daughter. The
informant went to matrimonial home of his daughter and found her
dead body in the courtyard with burn injury. Accordingly, a case
was registered against altogether five accused persons named in the
first information report including the petitioner, who is alleged to be
a friend of husband of the victim.
It is submitted on behalf of the petitioner that by no
stretch of imagination a presumption under section 113B of the
Evidence Act would be drawn against the petitioner for prosecuting
him under section 304B of the Indian Penal Code. Admittedly, he is
not a family member. It is also submitted that the police on
conclusion of investigation found the allegation to be true as against
husband and in-laws named in the first information report and
chargesheet was submitted against them but in the same chargesheet
the petitioner was shown to be innocent and was not sent up for trial.
However, differing with the police report, the learned Magistrate has
taken cognizance of the offence and that is why the petitioner
apprehends his arrest. It is further submitted that all the named
accused including the husband have already been granted bail by
Taking into consideration the aforesaid facts, let the
petitioner, namely, Hare Ram Bind in the event of his arrest or
surrender before the court below within a period of four weeks from
the date of receipt/communication of the order be released on bail on
furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties
of the like amount each to the satisfaction of Sri S.K.Mishra, learned
Judicial Magistrate, Ist Class, Buxar in connection with Simri P.S.
Case No.77 of 2006 subject to the conditions as laid down under
section 438(2) of the Code of Criminal Procedure.
Md.S. ( Ashwani Kumar Singh, J.)