Dularchandra Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46734 of 2021 Arising Out of PS. Case No.-109 Year-2021 Thana- BAJPATTI District- Sitamarhi ====================================================== 1.
DULARCHANDRA RAM Son of Late Kapildev Ram Resident of Village - Vangaon Bazar, Ward No.9, P.S.- Bajpatti, Distt.- Sitamarhi. 2.
Harendra Ram @ Harendra Kumar Son of Dularchandra Ram Resident of Village - Vangaon Bazar, Ward No.9, P.S.- Bajpatti, Distt.- Sitamarhi. 3.
Navin Kumar @ Ravi Kumar @ Ravin Kumar Son of Dularchandra Ram Resident of Village - Vangaon Bazar, Ward No.9, P.S.- Bajpatti, Distt.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Madhubala Verma For the Opposite Party/s :
Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-11-2021 Heard learned counsel for the petitioners and the State.
Petitioners seek regular bail in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code.
As per the prosecution case, on 01.05.2021 when the informant and her family members were returning from the P.S. and reached near Kasturba Vidyalaya, all the petitioners along with co-accused, Surendra Kumar, came on motor cycle from behind and on the order of petitioner No.1 and 2, Surendra Kumar dashed the motor cycle as a result of which father and mother of informant severely injured and father of informant died during the course of treatment.
Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in
Patna High Court CR. MISC. No.46734 of 2021(2) dt.17-11-2021 2/2 the case due to old enmity. It is submitted that from perusal of FIR it would be evident that specific allegation of overt act is against co-accused, Surendra Kumar, who dashed the motor cycle as a result of which father and mother of informant became injured and thereafter father of informant died. Petitioner No.1 and 2 are only order givers and there is no specific allegation against petition No.3. Petitioners are in custody since 05.06.2021 and investigation in this case is complete.
Learned counsel appearing for the State opposes the prayer for bail.
Considering the facts of the case and the period of custody of the petitioners, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub divisional Judicial Magistrate, Pupri, Sitamarhi in connection with Bajpatti PS case No.109/2021. (Prabhat Kumar Singh, J) BKS/- U T