Virendra Ram @ Birendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20404 of 2020 Arising Out of PS. Case No.-627 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

VIRENDRA RAM @ BIRENDRA RAM Son of Late Shivavalak Ram @ Shiv Bakak Ram Resident of Ward No.14, Majhaulia, Bahuarwa, P.S.- Majhaulia, District-West Champaran.

2.

Sikandra Ram @ Sikandar Ram Son of Shivavalak Ram @ Shiv Bakak Ram Resident of Ward No.14, Majhaulia, Bahuarwa, P.S.-Majhaulia, DistrictWest Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Ritesh Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-06-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 427, 436/34 of the I.P.C.

Informant has alleged in her written complaint that on 19.12.2019 at about 3:00 AM when she heard the screaming of her cow, she went out from her house and saw that three cows, some firewood and six quintal of paddy kept in gunny bag

Patna High Court CR. MISC. No.20404 of 2020(2) dt.22-06-2020 2/3 was in flame. It is further alleged that petitioners and other coaccused Dhuri Ram and Deepak were also present there and coaccused Dhuri Ram was holding a matchbox in his hand and petitioners were holding a gallon and when she started shouting co-accused Deepak Kumar thrashed her, due to which she fell down and thereafter they fled away. It is further alleged that due to fire two cows died at the place of occurrence and she also suffered loss of Rs. 1 lakh.

It has been submitted on behalf of petitioners that they are innocent and have been falsely implicated in this case. They have been falsely implicated in this case by the informant to put pressure on petitioner no. 2 to withdraw Majhaulia P.S. Case No. 550 of 2019 which was lodged by his daughter against the son of informant. Petitioner have no criminal antecedents and they are in custody since 04.02.2020.

Considering the aforesaid facts and circumstances of the case, let petitioners named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court below, in connection with G.R. No. 5031 of 2019 arising out of Majhaulia P.S. Case No. 627 of 2019 subject to the conditions that:-

Patna High Court CR. MISC. No.20404 of 2020(2) dt.22-06-2020 3/3

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and their absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel their bail bond.

(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) veena/rajivU T