Rampal Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20093 of 2019 Arising Out of PS. Case No.-156 Year-2018 Thana- VIJAYEPUR District- Gopalganj ====================================================== Rampal Ram, Son of Nebu Lal Ram, Resident of Village- Maheshpur, P.S.- Bijayipur, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nityanand Mishra For the Opposite Party/s :
Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-04-2019 Heard learned counsels for the petitioner and the State.
The petitioner is languishing in custody since 23.07.2018 in a case registered for the offences punishable under Sections 307 and 302/34 of the IPC.
The prosecution case, as per the fardbeyan of Kiran Devi, recorded by Ashok Kumar, S.I. of Police, on 22.07.2018 at Sadar Hospital, Devariya is to the effect that on the same day, the informant along with her husband, Ranjeet Ram @ Bablu and brother-in-law, Tarkeshwar Ram went to Pagra market and the daughter of the informant was alone at the house and when the brother-in-law of the informant came to the house then he found that the relative of the informant, co-accused Chhote Ram was outraging the modesty of the daughter of the informant and
Patna High Court CR. MISC. No.20093 of 2019(2) dt.02-04-2019 2/3 when protest was made by the brother-in-law of the informant, then all the six FIR named accused persons including the petitioner and three unknown persons came variously armed and assaulted the husband and brother-in-law of the informant. Subsequently, the husband of the informant succumbed to the injuries.
It is submitted by learned counsel for the petitioner that accusation is omnibus and general against the all the accused persons. Thrust of accusation is against co-accused, Chhote Ram. Moreover, similarly situated co-accused persons have been granted bail by different Benches of this Court vide order dated 06.11.2018, passed in Cr. Misc. No. 65728 of 2018 and vide order dated 18.01.2019, passed in Cr. Misc. No. 78858 of 2018. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the petitioner is named in the FIR with specific accusation.
Considering the accusation against the petitioner being omnibus and general, investigation already being concluded and similarly situated co-accused persons being granted bail by different Benches of this Court, coupled with the statement made in paragraph no.3 of the petition that the
Patna High Court CR. MISC. No.20093 of 2019(2) dt.02-04-2019 3/3 petitioner is not having any criminal antecedent, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Addl. District and Sessions Judge-VIII, Gopalganj in connection with S. Trial No. 619 of 2018, arising out of Vijayipur P.S. Case No. 156 of 2018. (Dinesh Kumar Singh, J) Amrendra/- U T