Ravi Shankar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3787 of 2021 Arising Out of PS. Case No.-107 Year-2020 Thana- NOKHA District- Rohtas ====================================================== 1.
Ravi Shankar Ram, aged about 35 years, S/o Late Sheopujan Ram 2.
Meghnath Ram, aged about 60 years, male, S/o Late Ram Prasad Ram 3.
Chhote Lal Ram, aged about 58, S/o Late Kewal Ram @ Ram Kewal Ram 4.
Dhanesh Ram, aged about 60 years, male, S/o Late Ram Pyar Ram 5.
Deo Bansh Ram, aged about 58 years, S/o Malu Ram 6.
Sudama Ram, aged about 48 years, male, S/o Muni Ram 7.
Banarasi Ram, aged about 50 years, S/o Sewak Ram 8.
Kailash Ram, aged about 45 years, male, S/o Late Hari Ram 9.
Suray Bansh Ram, aged about 60 years, male, S/o Malu Ram 10.
Muneshwar Ram, aged about 55 years, male, S/o Late Shri Pujan Ram 11.
Abhishek Ram, aged about 20 years, male, S/o Banarasi Ram 12.
Shyam Lal Ram, aged about 40 years, male, S/o Awadhesh Ram 13.
Munna Ram, aged about 27 years, male, S/o Late Awadhash Ram 14.
Rajindra Prashad @ Bitu Ram, aged about 22 years, male, S/o Dhanesh Ram All are R/o Village- Ganghar, P.O.- Tetrah, P.S.- Nokha, District- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Sinha, Adv.
For the Opposite Party/s :
Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
2/5 17-09-2021 Heard the counsels for the parties.
By order dated 29.07.2021, the case diary was called for and petitioner Nos. 2, 5 and 9, because of their age, were granted the privilege of provisional bail.
The application with respect to petitioner Nos. 4 and 10, namely, Dhanesh Ram and Muneshwar Ram was earlier withdrawn because of their having been arrested by the time the matter was taken up. Petitioner Nos. 1-3, 5-9 and 11-14 seek bail in anticipation of their arrest in connection with Sessions Trial No. 700 of 2020 arising out of Nokha (Sasaram) P.S. Case No. 107 of 2020, dated 10.06.2020, instituted for the offences under Sections 147, 148, 149, 341, 323, 448, 452, 354(B), 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
The accusation in the F.I.R. is that one Binod Ram and Sudhir Ram had entered the house of the informant and had attempted to outrage her modesty.
3/5 When people came for her rescue, the aforesaid two persons are said to have fired as a result of which, two persons received gunshot injuries. Later, when the injured persons were taken to hospital for treatment, petitioner Nos. 1-3, 5-9 and 11-14 and several others are said to have blockaded the way and also assaulted the members of the prosecution party.
It has been submitted on behalf of petitioner Nos. 1-3, 5-9 and 11-14 that an absolutely false case has been lodged against them. They have been made accused in this case only because of the caste rivalry and politics prevailing in the village. All of them are said to have assaulted the members of the prosecution party, but the injuries suffered by the victims are all stated to be simple in nature. There was some dispute between the parties, but a colour has been given in this case of trying to silence the informant from protesting against the illegal activities of aforesaid Binod Ram and Sudhir Ram. It has further been submitted that nothing specific has been alleged
4/5 against petitioner Nos. 1-3, 5-9 and 11-14 in the F.I.R. Even during the course of investigation, it has been urged, no concrete material could be collected against them.
Considering the afore-noted submissions, the provisional bail granted to petitioner Nos. 2, 5 and 9 vide order dated 29.07.2021 is, hereby, confirmed. They shall remain on the same bail-bonds.
So far as petitioner Nos. 1, 3, 6, 7, 8, 11, 12, 13 and 14, namely, Ravi Shankar Ram, Chhote Lal Ram, Sudama Ram, Banarasi Ram, Kailsah Ram, Abhishek Ram, Shyam Lal Ram, Munna Ram and Rajindra Prashad @ Bitu Ram are concerned, they, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Rohtas at Sasaram/concerned Court in connection with
5/5 Sessions Trial No. 700 of 2020 Nokha (Sasaram) P.S. Case No. 107 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The application stands disposed off accordingly.
(Ashutosh Kumar, J) Praveen-II/- U T