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Patna High CourtCR. MISC./62934/2017bail granted

Abhimanyu Ram @ Mannu Ram v. The State Of Bihar

2018-01-23Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62934 of 2017 Arising Out of PS.Case No. -446 Year- 2016 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Abhimanyu Ram @ Mannu Ram, Son of Arjun Ram, Resident of Village- Goriyapatti, P.S.- Bagaha, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Baxi S.R.P. Sinha, Sr. Advocate Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s : Mr. Sri Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Bagaha P.S. Case No. 446 of 2016 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

The case of the informant, in short, is that her husband used to go to market for selling eggs and when he did not return by 12 in the night, she went out to search for her husband and found her grand son carrying her husband near the Karbistan. The informant stated that when she reached there, she found that her husband was bleeding and thereafter he died. It is alleged that the accused persons, namely, Hasrat Khan, Mazaharul Khan and Ibrahim Khan had killed her husband on account of animosity

Patna High Court Cr.Misc. No.62934 of 2017 (2) dt.23-01-2018 2/2 arising out of love affair of her grand son with the wife of Hasrat Khan.

The learned senior counsel for the petitioner submits that the petitioner has not been named in the F.I.R., he has got no role to play in the alleged occurrence and the bail petition of the main accused, namely, Hasrat Khan has already been rejected. It is further submitted that the name of the petitioner has transpired upon confessional statement of Jay Prakash Ram, who has already been granted regular bail. Lastly, it is submitted that the petitioner has a clean antecedent.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Bagaha, West Champaran in connection with Bagaha P.S. Case No. 446 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) ajay gupta/- U T