Neta Ram @ Dineshwar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26084 of 2020 Arising Out of PS. Case No.-197 Year-2019 Thana- BHORE District- Gopalganj ====================================================== NETA RAM @ DINESHWAR RAM S/o- Late Ramdutt Ram R/o VillageRamnagar, P.S.- Bhore, District- Gopalganj. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vishwajeet Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-04-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 302, 34 of the Indian Penal Code.

Informant has alleged that on 09.06.2019 at about 8 p.m., while his wife, namely, Kishnavati Devi and his sister-inlaw, namely, Sunaina Devi went outside for defecation, Nagendra Ram tried to tease them but somehow, they managed to come to their house and narrated the whole story to the family members. Meanwhile, Nagendra Ram armed with Farsa, Kamal Ram, armed with Tangi, Vidyasagar armed with lathi, Rabri Devi, Ruman Devi came there and Nagendra Ram assaulted Surendra Ram with Farsa on his head, as a result of which, he

Patna High Court CR. MISC. No.26084 of 2020(3) dt.06-04-2021 2/3 sustained head injuries and subsequently died. When informant's nephew Lalu Ram came to save then Kamal Ram assaulted on his head by Tangi as a result of which, he also sustained head injury.

At the end of FIR, allegation against Neta Ram (petitioner) along with other co-accused persons is of assaulting the informant by means of lathi, as a result of which, he became injured.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case due to village rivalry and animosity. It is further submitted that there is no allegation made against petitioner of assaulting deceased Surendra Ram or injured Lalu Ram and no injury report of Informant is available on record.

Petitioner has no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Bhore P.S. Case No.197 of

Patna High Court CR. MISC. No.26084 of 2020(3) dt.06-04-2021 3/3 2019 subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:-

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

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner 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 petitioner. (S. Kumar, J) Sanjay/- U T