Ranjeet Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17522 of 2022 Arising Out of PS. Case No.-11 Year-2021 Thana- MADHWAPUR District- Madhubani ====================================================== 1.
RANJEET RAM S/o Ram Pukar Ram R/o village- Rampur, Ward No. 10, P.S.- Madhwapur, District- Madhubani 2.
Rita Devi W/o Ranjeet Ram R/o village- Rampur, Ward No. 10, P.S.- Madhwapur, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gagan Deo Yadav, Advocate Mr. Ravi Prakash, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-07-2022 Heard learned counsel for the petitioners and learned counsel for the State.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The two petitioners, couple, are in judicial custody in connection with Madhwarpur P.S. Case No. 11 of 2021 for the offences under Sections 341, 323, 324, 307, 333, 353, 504, 506 and 34 of the Indian Penal Code.
The allegation by the police official is that when he went to the place upon information of the selling of liquor by the accused and reached the said place, the accused persons present there started opposing the said search and in the process
Patna High Court CR. MISC. No.17522 of 2022(2) dt.21-07-2022 2/3 he was severely beaten. So far as petitioner no. 1, Ranjeet Ram is concerned, specific allegation against him has been made by the police official that he gave 'lathi' blow on his right leg. Beside Ranjeet Ram, he has also made allegation against one Raja Ram, who assaulted on his right hand by 'lathi' Learned counsel for the petitioners although concedes that there is allegation against the petitioner no. 1, Ranjeet Ram submits that so far as the wife of the petitioner no. 1, namely, Rita Devi is concerned, she has only been made accused as a part of the mob and no specific role has been assigned to her. Taking into account the specific allegation made against the petitioner no.
1, Ranjeet Ram, this Court is not inclined to release him on bail which is accordingly rejected. So far as petitioner no. 2, Rita Devi is concerned, the informant has alleged her only to be the part of the mob and she is in jail since 22.12.2021 (as stated in paragraph-17 of the bail application), this Court is inclined to grant him the privilege of bail.
Let the petitioner no. 2, Rita Devi be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of Judicial Magistrate, Bennipatti, Madhubani in connection with
Patna High Court CR. MISC. No.17522 of 2022(2) dt.21-07-2022 3/3 Madhwarpur P.S. Case No. 11 of 2021, subject to the following conditions.
(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;
(iii) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application of the petitioner no.1, Ranjeet Ram is rejected whereas that of petitioner no. 2, Rita Devi is allowed.
(Rajiv Roy, J) Jagdish/- U T