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Patna High CourtCR. MISC./36460/2020rejected

Vicky Ram v. The State Of Bihar

2021-03-02Mr. Justice Prabhat Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36460 of 2020 Arising Out of PS. Case No.-126 Year-2020 Thana- DAUDPUR District- Saran ====================================================== Vicky Ram S/o Ramayan Ram R/o Village- Bangra, P.S.- Daudpur, DistrictSaran at Chapra. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the State :

Mr. Nand Kishore Prasad, APP For the informant : Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-03-2021 Heard both sides.

The petitioner seeks bail in Daudpur P.S. case No. 126 of 2020 registered u/s 341, 323, 324, 307, 447, 379, 304, 506, 34 of the IPC.

The informant named six persons in the FIR and alleged that the all suddenly came to her Darwaja and began to abuse. Her husband, Jagnarayan Ram, asked them not to abuse. On such, Vicky Ram, the petitioner, gave knife blows in the abdomen of her husband. When Jagmohan Ram, brother-in-law of the informant, went to save, Dilchand Ram assaulted him with Lathi on his head. When Jaglal Ram went to save, Daroga Ram is said to have given knife blow in the abdomen of Jaglal Ram. Sunil Ram was assaulted by Murari Ram with Lathi.

Patna High Court CR. MISC. No.36460 of 2020(3) dt.02-03-2021 2/3 The learned counsel for the petitioner submits that petitioner is assailant of Jagnarayan Ram. The doctor found three sharp cutting injuries on the body of Jagnarayan Ram. Two injuries are found on chest and one injury is found on frontal parietal region of head. The doctor opined the injuries on chest to be grievous in nature and injury on head is opined to be simple in nature. It is further submitted that petitioner is in custody since 08.06.2020.

The learned APP as well the learned counsel for the informant, however, vehemently opposed the prayer for bail and submitt that petitioner made repeated blows with knife on the vital party of body which was providential escape for Jagnarayan Ram.

Having considered the facts aforesaid and the nature of allegation made against the petitioner and the fact that petitioner made repeated blows on the chest and head of Jagnarayan Ram and injuries found on the chest are opined to be grievous in nature, I am not inclined to enlarge the petitioner on bail, at this stage. Accordingly, the same is rejected. However, the learned court below, that is, the learned Additional Chief Judicial Magistrate-XIV, Saran Chapra and the court in seisin of the case after commitment shall release the

Patna High Court CR. MISC. No.36460 of 2020(3) dt.02-03-2021 3/3 petitioner on bail after completion of one year in custody by the petitioner on his furnishing bail bond of Rs. 10,000 (rupees ten thousand) with two sureties of the like amount to his own satisfaction in connection with Daudpur P.S. case No. 126/2020. (Prabhat Kumar Jha, J) BKS/- U T