Dhananjay Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18506 of 2021 Arising Out of PS. Case No.-449 Year-2020 Thana- BASANTPUR District- Siwan ====================================================== 1.
DHANANJAY RAM Son of Kishore Ram Resident of VillageKumkumpur, P.S.- Basantpur, District- Siwan. 2.
Raj Kumar Ram Son of Nagendra Ram Resident of Village- Kumkumpur, P.S.- Basantpur, District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar Sinha, Adv.
For the Opposite Party/s :
Mr. Yogendra Kumar Singh, APP for the informant : Mr. Bijay Prakash Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-12-2021 Heard learned counsel for the parties.
The petitioners have preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code.
As per the prosecution case, the sister of the informant who had gone along with his Bhabhi to cast her vote disappeared. A suspicion is raised against the three named accused persons including the two petitioners herein. It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. Neither there was any basis to name them in the F.I.R. nor any concrete material has transpired in course of
Patna High Court CR. MISC. No.18506 of 2021(5) dt.07-12-2021 2/2 investigation. They are in custody since 8.11.2020 and have no criminal antecedent.
The prayer for bail of the petitioners have been opposed by learned A.P.P. for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that the accused persons were seen near the place of occurrence from where the sister of the informant disappeared. It is further submitted that even on earlier occasion there was complaint against these petitioners of having misbehaved with her. There were signs of sexual assault on the deceased. Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioners having remained in custody for over 1 year, the Court directs both the petitioners to be enlarged on bail in connection with Basantpur P.S. Case no. 449 of 2020 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Siwan. (Partha Sarthy, J) Bibhash U