Ramdeo Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6328 of 2022 Arising Out of PS. Case No.-242 Year-2021 Thana- PIPRA District- East Champaran ====================================================== Ramdeo Ram S/o Lalu Ram R/o village- Maharani, P.S.- Pipara, Distt.- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Pipara P.S. Case No. 242 of 2021 registered for the offence under Sections 302, 201 and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 11.09.2021.

The allegation against the petitioner is to commit murder of the husband of the informant, alongwith other coaccused persons for pending wage dispute. Learned counsel appearing on behalf of the petitioner submitted that, admittedly, petitioner is not the eye witness of

Patna High Court CR. MISC. No.6328 of 2022(3) dt.20-07-2022 2/3 the occurrence, where allegation, as regard to assault, is very much general and omnibus. It is submitted that the entire allegation is based upon pending wage dispute. It is also submitted that the version of F.I.R. is itself contrary, as alleged assault was caused one day before the death of the husband of the informant. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, while opposing the prayer of bail, fairly conceded that the informant is not the eye witness of the occurrence.

Considering the facts and circumstances as mentioned above, as informant is not the eye witness of the occurrence, where entire allegation is based on suspicion coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Pipara P.S. Case No. 242 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, subject to

Patna High Court CR. MISC. No.6328 of 2022(3) dt.20-07-2022 3/3 the following conditions:

"(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.

(ii) That one of the bailors shall be Raanjita Devi, who is the wife of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) Ankit/- U T