Pradeep Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35977 of 2021 Arising Out of PS. Case No.-64 Year-2020 Thana- DARAUNDA District- Siwan ====================================================== 1.

Pradeep Ram S/O Asheshar Ram R/O Village-Karsaut, P.S.-DARAUNDA, District-Siwan.

2.

Dhupnath Ram S/O Late Ramnath Ram R/O Village-Karsaut, P.S.- DARAUNDA, District-Siwan.

3.

Jaishanker Pandit S/O Jagjiwan Pandit R/O Village-Karsaut, P.S.- DARAUNDA, District-Siwan.

4.

Sarwajeet Ram S/O Late Deonath Ram R/O Village-Nawka Tola, P.S.- DARAUNDA, District-Siwan.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad, Advocate For the Opposite Party/s :

Mr. R.B. Roy Raman, APP For the Informant :

Mr. Prashant Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 302, 120B/34 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons including the petitioners killed the son of the informant

Patna High Court CR. MISC. No.35977 of 2021(2) dt.29-03-2022 2/3 by hanging him on a tree.

It has been submitted on behalf of the petitioners that the petitioner no. 4 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. So far petitioner no. 3 is concerned, there is no specific allegation alleged against him nor he was present at the place of occurrence. So far petitioner nos. 1 and 2 are concerned, they have falsely been implicated in the present case. On behalf of the State and the informant, it is submitted that the petitioner nos. 1 and 2 had hanged the son of the informant. The post-mortem report also corroborates with the allegations as alleged in the F.I.R. in respect of petitioner nos. 1 and 2.

Considering the fact that there is no specific overt act alleged against the petitioner no. 3, let the petitioner no. 3, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Siwan in connection with Daraunda P.S. Case No. 64/2020, subject to the

Patna High Court CR. MISC. No.35977 of 2021(2) dt.29-03-2022 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

So far petitioner nos. 1 and 2 are concerned, I am not inclined to grant anticipatory bail to them. Prayer is rejected. However, if the petitioner nos. 1 and 2 surrender in the Court below and pray for bail, the same shall be considered on its own merit without being prejudiced by this order. (Sudhir Singh, J) Pankaj/- U T