Sajan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36180 of 2019 Arising Out of PS. Case No.-418 Year-2018 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Sajan Ram, aged about 28 years, Male, Son of Santosh Ram @ Kailash Ram @ Kaila Ram, Resident of Mohalla- Chavanchaa Chauk Ward No. 03, Madhubani, P.S. - Madhubani (Town), District- Madhubani. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar Singh, A.P.P.

For the Informant :

Mr. Sudhir Kr. Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-08-2019 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with Madhubani (Town) P.S. Case No. 418/2018 registered under Sections 364, 302/201 of the Indian Penal Code pending in the court of learned Chief Judicial Magistrate, Madhubani.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and that there is no eye witness to the alleged occurrence. It is submitted that the petitioner is only said to be a member

Patna High Court CR. MISC. No.36180 of 2019(3) dt.17-08-2019 2/3 of the group who had allegedly taken away the brother of the informant who was later on found dead.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner. It is submitted that this petitioner is named in the F.I.R. and he had forcibly taken away the brother of the informant with the help of other members of the group who are named in the F.I.R. This occurrence was seen by the mother of the informant and other ladies who had also protested. Later on the dead body of the brother of the informant was found. In the given facts and circumstances of the case where there are allegations that this petitioner had also been one of the members of the group who had forcibly taken away the brother of the informant and then his dead body was found, this court is not inclined to grant anticipatory bail to the petitioner.

Hence, prayer for anticipatory bail of the petitioner is rejected.

In case, petitioner surrenders and prays for regular bail before the court below within a period of four weeks from today, his prayer for regular bail shall be considered

Patna High Court CR. MISC. No.36180 of 2019(3) dt.17-08-2019 3/3 by the court below on it's own merit and on the basis of the materials collected in course of investigation. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U T