Rambali Ram @ Rajbali Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27005 of 2020 Arising Out of PS. Case No.-80 Year-2019 Thana- GORAUL District- Vaishali ====================================================== RAMBALI RAM @ RAJBALI RAM Son of Late Bipat Ram Resident of Village - Rasulpur Hussain, P.S.- Garoul, Dist.- Vaishali At Hajipur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Mohan Jha, Advocate For the Opposite Party/s :
Mr. Bal Mukund Pd. Sinha, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-11-2020 As of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through Video Conferencing.
The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.
Mr. Bal Mukund Pd. Sinha, APP is appearing for the State as it is submitted that the brief has been allotted to him by the office of Advocate General.
Heard learned Counsel for the petitioner and the learned Counsel for the State.
. This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.
Petitioner apprehends arrest in Goraul PS Case No. 80 of 2019 registered under Sections 302, 201 and 120B/34 of the IPC. The allegation in the FIR is that the cousin brother of the informant has been murdered along with his wife at his in-law's house, where he was living.
Learned Counsel for the petitioner submits that the petitioner happens to be uncle of the wife of Ashok Ram namely
Patna High Court CR. MISC. No.27005 of 2020(2) dt.06-11-2020 2/3 Bindu Devi. Both Ashok Ram and Bindu Devi had committed suicide over some trivial issue. The petitioner has no concern with the deceased Bindu Devi or Ashok Ram and their family members. He was a "gotia" and living in the vicinity of the house of the deceased and has been implicated in this case only on the basis of suspicion.
He has no criminal antecedent and similarly situated coaccused Shila Devi, mother of the victim Bindu Devi and in whose house she has died, has already been allowed bail in Cr. Misc. No. 56625 of 2019.
Learned APP for the State has opposed the prayer for anticipatory bail.
Having considered the rival submissions this Court is inclined to grant the privilege of anticipatory bail to the petitioner. Accordingly, let the petitioner above named, in the event of arrest or surrender before the court below within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of ACJM lst Vaishali at Hajipur in Goraul PS Case No. 80 of 2019 subject to all conditions as laid down in Section 438(2) of the Criminal Procedure Code as also the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) SNkumar/- U T
Patna High Court CR. MISC. No.27005 of 2020(2) dt.06-11-2020 3/3