Bhairo Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22330 of 2022 Arising Out of PS. Case No.-890 Year-2021 Thana- KANKARBAG District- Patna ====================================================== Bhairo Ram Son of Ram Chandra Ram R/o- Mania, P.S.- Rampur, DistrictMunger, Bihar-811214 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishal Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-09-2022 Heard the parties through video conferencing. Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Kankarbagh P.S. Case No. 890 of 2021 lodged under Sections 504/354 of the I.P.C.

As per the prosecution case, the accused petitioner was living in the rented house of the informant. The informant has removed the petitioner from her house due to his bad character. Even, thereafter, the allegation upon the petitioner is to write threatening letter and continuously threatening to the informant to maintain physical relation with her. It has been

Patna High Court CR. MISC. No.22330 of 2022(3) dt.02-09-2022 2/3 further stated that when on the night of 10.09.2021, she was going towards her house then the petitioner has caught her neck and threatened keeping pistol on the head of the informant. Upon cry, the local people came and accused petitioner was caught red hand. Desi katta was also recovered from his possession.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. And counsel for the petitioner submits that there is a dispute between the tenant and the land lord in which the tenant has subsequently left the house and started living separately. He further submits that the petitioner was arrested on 10.09.2021. Charge sheet has already been filed in this case and he has having clean antecedent. Learned counsel further submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him by the Court.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Court of Ld. J.M. -1st Class, Patna

Patna High Court CR. MISC. No.22330 of 2022(3) dt.02-09-2022 3/3 Sadar in connection with Kankarbagh P.S. Case No. 890 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J) sadique/- U T