Raj Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36878 of 2023 Arising Out of PS. Case No.-37 Year-2023 Thana- TARARI District- Bhojpur ====================================================== 1.

Raj Kumar Ram, Male, aged about 43 years, S/O Heera Lal Ram, resident of village- Kushumhi, P.S.- Tarari, Dist. Bhojpur 2.

Rakesh Kumar Ram, Male, aged about 23 years, S/O Ram Raj Ram, resident of village- Kushumhi, P.S.- Tarari, Dist. Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 05-07-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners seek bail in connection with Tarari PS Case No. 37 of 2023 dated 03.03.2023, instituted for the offence punishable under Sections 302/34 of the Indian Penal Code.

3. The allegation against the petitioners is that they along with co-accused assaulted the informant and her husband and threw the husband of the informant from the roof. He was brought to the hospital but the doctor declared him dead.

4. Learned counsel for the petitioners submits that there is no specific allegation against the petitioners. Allegation against the petitioners are general and omnibus. Learned

Patna High Court CR. MISC. No.36878 of 2023(2) dt.05-07-2023 2/2 counsel further submitted that there is no eye witness to the occurrence. It is further submitted that house of the informant was being constructed and the husband of the informant fell down on the ground from the roof of the house and received injury but due to ulterior motive the petitioners and his family members were falsely implicated. It is further submitted that the deceased was brought to the hospital for treatment on the date of occurrence itself, but no FIR was lodged on the date of occurrence and it was lodged only on the next date. It is further submitted that the petitioners are in custody since 04.03.2023 having clean antecedents. Charge-sheet has been submitted in the case.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara, in Tarari PS Case No.37 of 2023. (Khatim Reza, J) J. Alam/- U T