Umesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11722 of 2017 Arising Out of PS.Case No. -66 Year- 2016 Thana -CHANDAN District- BANKA ======================================================

1. Umesh Ram, son of Kailash Ram, Resident of Village- Chandauri, P.S.- Chandan (O.P.- Anandpur), District- Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Kumar For the Opposite Party/s : Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Chandan (Anandpur O.P.) P.S. Case No. 66/2016, registered under Sections 341, 323, 324, 352, 379/34 of the Indian Penal Code. The accusation is that informant Anandi Ram along with his brother Mahendra Ram and father Baldeo Ram were sleeping in a room situated near the road. At about 4.00 am in the morning of 04.06.2016, he heard cry of his father and saw six persons, named in the FIR including the petitioner, having lathi, danda and iron rod assaulting to his father. When he tried to save his father, then they also tried to assault him but he and his brother fled away towards their house. Mukesh Ram was pressing the

neck of his father, whereas, Navin Ram was causing injury by rod and Ravi Ram and Umesh Ram also caused injury by lathi and danda and at that time Kailash Ram took out Rs. 5,000/- from the pocket of the informant. In course of treatment father of the informant died on 09.06.2016. The cause of occurrence is land dispute.

Learned counsel for the petitioner submits that while allegation is to cause injury to the father of informant by Navin Ram through iron rod, Ravi Ram and the petitioner through lathi, but only one injury was found on the head of deceased, father of the informant. The petitioner is in custody since 03.12.2016. Having regard to the facts and the circumstances of the case, the petitioner, Umesh Ram, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Chandan (Anandpur O.P.) P.S. Case No. 66/2016, Out of two sureties, one surety must be the close relative of the petitioner and further the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any

reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds. (Rajendra Kumar Mishra, J.) Rakhi U T