Ritesh Ram @ Ritesh Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37960 of 2019 Arising Out of PS. Case No.-21 Year-2019 Thana- DARBHANGA District- Darbhanga ====================================================== 1.

Ritesh Ram @ Ritesh Kumar Ram Son of Late Ram Chandra Ram @ Bhola Ram, Resident of Mohalla - Senapath Colony, P.S.- Town, DistrictDarbhanga 2.

Bindu Ram Son of Late Vishnu Dev Ram, Resident of Mohalla - Senapath Colony, P.S.- Town, District- Darbhanga ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kedar Jha For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-06-2019 Learned counsel for the petitioners submits that petitioner no.2, namely, Bindu Ram has already been arrested. In this view of the fact, the anticipatory bail petition of petitioner no.2, namely, Bindu Ram is dismissed as has become infructuous.

Heard both sides.

Petitioner no.1, namely, Ritesh Ram @ Ritesh Kumar Ram apprehends his arrest in Darbhanga Town P.S. Case No.21 of 2019 registered under Sections 341, 323, 504, 324, 307, 379 and 34 of the Indian Penal Code.

The informant named the petitioner along with other accused persons and alleged that they all entered into her house

Patna High Court CR. MISC. No.37960 of 2019(2) dt.21-06-2019 2/3 and on the order of Rajesh Ram, Bindu Ram assaulted the informant with sword on her head causing blood oozing injury. In the meantime, Ritesh Ram (petitioner no.1) and Amit Ram indiscriminately assaulted the informant. When her son Vishal Kumar came to save her, Ritesh Ram assaulted him with iron rod on the hand of Vishal Kumar and right hand of Vishal Kumar was fractured. Ritesh Ram again assaulted Vishal Kumar with iron rod on his head.

Learned counsel for petitioner no.1, namely, Ritesh Ram submits that there is a counter version being Darbhanga Town P.S. Case No.23 of 2019. One Mahila P.S. Case No.58 of 2017 was registered in which Bindu Ram is a witness and on account of this fact, the present case has been lodged. But it appears from perusal of the F.I.R. and the injury reports that the informant disclosed that petitioner no.1 assaulted the informant and his family members on earlier occasion and there is enmity between the two sides. It was petitioner no.1 Ritesh Ram, who is alleged to have assaulted the son of informant with iron rod on his right hand and head. The doctor found two injuries. The injury found on the right hand is opined to be grievous in nature. Having considered the facts aforesaid, I am not inclined to enlarge petitioner no.1, namely, Ritesh Ram @

Patna High Court CR. MISC. No.37960 of 2019(2) dt.21-06-2019 3/3 Ritesh Kumar Ram on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Harish/- U T