Ram Ratan Kunwar @ Ram Ratan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.28876 of 2015 (3) dt.27-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28876 of 2015 Arising Out of PS.Case No. -138 Year- 2013 Thana -NAYA RAM NAGAR District- MUNGER ====================================================== Ram Ratan Kunwar @ Ram Ratan Kumar son of Late Anandi Kuknwar, R/o village- Farda, P.S.- Naya Ram Nagar, District- Munger..... Petitioner

Versus

The State of Bihar... ....................................................... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Manendra Kumar Sinha For the Opposite Party/s : Mr. Ajay Kr. Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-10-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Naya Ramnagar (Safia Sarai) P.S. Case No. 138 of 2013 registered for the offences punishable under Sections 448, 341, 324, 307/34 of the Indian Penal Code.

The petitioner is not named in the FIR but during investigation his complicity has been found that he being the father of the informant committed the crime as the informant arranged enter caste marriage and due to that the petitioner injured the informant's husband and due to enmity the informant named her uncle in her fardbeyan.

Submission is that the Police only with a view to save FIR named accused, implicated the petitioner. The petitioner is the father of the informant and if he has got any grievance then, the informant and her second husband could not have stayed in his house and without any

Patna High Court Cr.Misc. No.28876 of 2015 (3) dt.27-10-2015 cogent evidence the petitioner is suffering in custody since 11.05.2015. The informant has also sworn affidavit regarding innocence of the petitioner.

Learned APP opposes the prayer of bail by submitting that the petitioner was seen with blood stained sharp cutting weapon vide para 43 and 44 of the case diary.

In the facts and circumstances stated above and considering that chargesheet has already been submitted and there is no chance of tampering with prosecution evidence, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Munger in connection with Naya Ram Nagar (Safia Sarai) P.S. Case No. 138 of 2013, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T