Ram Lal Uraon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38585 of 2019 Arising Out of PS. Case No.-102 Year-2018 Thana- NAUHATTA District- Rohtas ====================================================== RAM LAL URAON Son of Jagdish Uraon Resident of Village-Chanodih, P.S.-Nauhatta, District-Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Radha Mohan Pathak For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-08-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Nauhatta P.S. Case No. 102/2018, instituted for offence under Section(s) 147, 148, 341, 323, 302, 201, 427, 447, 448, 504, 506 and 120(B) of the Indian Penal Code read with Section 3⁄4 of Prevention of Witch Act. Learned counsel for the petitioner has submitted that there is no eye-witnesses to the occurrence. Mere suspicion has been raised against this petitioner.

It is alleged in the written report that on the date of occurrence, mother and Mausi of informant were going to Ghanibandh forest for picking Jogihara. In the meantime three persons including petitioner came and started assaulting the mother of informant. Seeing the mar-pit, Mausi of informant

Patna High Court CR. MISC. No.38585 of 2019(4) dt.16-08-2019 2/3 fled away due to fear. Thereafter informant learnt that this petitioner along with two other accused persons have assaulted his mother levelling allegation of Dayan. Mausi of informant gave him information then informant and others arrived at village Kubba and searched his mother but she could not be traced out. The informant claimed that his mother has been killed by this petitioner and other accused persons. It is further alleged that on 29.08.2018 accused persons, as named in the written report, armed with Lathi-Danda came at the door of informant and damaged the roof and household articles. They told the informant to bring his mother otherwise they will kill him.

Inquest report is available in para 18 of case diary, wherein it is mentioned that dead body of mother of informant has been recovered from the root of tree over the mountain. There is no specific allegation of overt act against the petitioner. The other co-accused has already been granted bail by a Co-ordinate Bench of this Court vide order dated 20.05.2019 passed in Cr. Misc. No. 12687/2019.

Petitioner is in custody since 02.09.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail

Patna High Court CR. MISC. No.38585 of 2019(4) dt.16-08-2019 3/3 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Nauhatta P.S. Case No. 102/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T