Ravindra Ram @ Menhilal@ Ravindra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20300 of 2020 Arising Out of PS. Case No.-753 Year-2019 Thana- MASAUDHI District- Patna ====================================================== RAVINDRA RAM @ MENHILAL@ RAVINDRA PRASAD Son of Late Ram Jeevan Ram Resident of Village - Ramachak, P.S.- Masaurhi, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarendra Kumar For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-07-2020 The matter has been taken up through virtual Court proceeding.

Since the physical court proceeding is nonfunctional due to the present pandemic COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of the resumption of the physical Court proceedings.

In case of non-removal of the defects within undertaken period, the office shall place the matter before the bench.

Heard learned counsel for the petitioner and

2/5 learned counsel for the State.

The petitioner is languishing in custody since 07.01.2020 in a case registered for the offences punishable under Sections 341, 323, 307, 302, 504 of the Indian Penal Code, 1860.

The prosecution case as per the written report of Rina Devi, recorded by S.I. Darsan Paswan P.M.C.H O.P. on 28.09.2019 at 12:45 P.M. in PMCH Emergency Ward is to the effect that on 26.09.2019 at 6:30 P.M. in the evening, the husband of the informant asked his elder brother Ravindra Ram @ Mehi Lal, the petitioner as to why he is opening his window in his portion of land, upon which, the nephew of the informant's husband co-accused Guddu Ram started abusing the husband of the informant and on protest being made, he pushed him on the ground and assaulted him. The husband of the informant was taken to the PMCH, who subsequently succumbed to the injuries.

It is submitted by learned counsel for the

3/5 petitioner that though petitioner is named in the F.I.R but no overt act has been alleged against him and in the background of land dispute, the accusation has been levelled against the petitioner.

A statement has been made in para 3 of the petition that petitioner is having no criminal antecedent though he is named in the F.I.R.

Learned A.P.P. very fairly submits that accusation is specific against the son of the petitioner. Considering the fact that investigation has already been concluded and the accusation has been levelled in the background of land dispute and accusation of assault being made against co-accused Guddu Ram, coupled with the fact that the petitioner is not having any criminal antecedent, let the petitioner, above named, be released on bail, for the present, provisionally for a period of three months on furnishing one surety to the satisfaction of learned Sub-Divisional Judicial Magistrate, Masaurhi in connection with Masaurhi P.S.

4/5 Case No. 753 of 2019.

However, in view of the present pandemic COVID-19, it will be open for the learned Court below to accept the bail bond on furnishing an undertaking by the surety, on photo copy of his Aadhar Card to the effect that he is ready to become the bailor of the petitioner which may be transmitted by such surety to the learned Court concerned through e-Mode.

The provisional bail of the petitioner will be confirmed by the learned Court below within three months on furnishing bail bond of Rs. 10,000/-(ten thousands) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Masaurhi in connection with Masaurhi P.S. Case No. 753 of 2019 including one surety given at the time of provisional bail.

The learned Court below will be at liberty to further extend the period of provisional bail if the Court proceeding in physical mode will not resume in next

5/5 three months.

Accordingly, the present application stands disposed of.

(Dinesh Kumar Singh, J) Shageer/- U T