Achailal Ram @ Achhelal Ram @ Akshaylal Ram And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40983 of 2015 Arising Out of PS.Case No. -138 Year- 2014 Thana -GORIAKOTHI District- SIWAN ======================================================
1. Achailal Ram @ Achhelal Ram @ Akshay Lal Ram
2. Dilip Ram.
3. Chandeep Ram, All Sons of Late Sukhal Ram, Resident of Village: Gorea Kothi, P.S. Gorea Kothi, District: Siwan. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Mr. B.Ram (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-10-2015 It is stated that petitioner No.1, Achhelal Ram, and petitioner No.2, Dilip Ram, have been arrested and, accordingly, their prayer for anticipatory bail has become infructuous. This application is, accordingly, dismissed as withdrawn with respect to petitioners No.1 and 2. Heard the learned counsel for the petitioner, the learned counsel for the informant and the learned Additional Public Prosecutor.
The petitioner No.3 apprehends his arrest in a case under Section 302/34 of the Indian Penal Code. The petitioner and other accused persons are alleged to have assaulted Babulal Ram with fists and slaps.
Patna High Court Cr.Misc. No.40983 of 2015 (2) dt.06-10-2015 2/2 It is submitted that no external injury was found and the deceased died due to cardiac arrest. Similarly situated accused Sharda Devi has already been enlarged on anticipatory bail. On the other hand, the learned counsel for the informant as well as learned Additional Public Prosecutor, however, opposed the prayer for anticipatory bail. It appears that Sharda Devi was granted anticipatory bail considering the fact that she was a lady. The petitioner is alleged to have assaulted with fists and slaps. Of course, no external injury was found but I do not find it a fit case for grant of anticipatory bail to the petitioner. Accordingly, the same is rejected.
The petitioner, if so advised, may surrender in the court below, i.e., learned Chief Judicial Magistrate, Siwan in Gorea Kothi P.S. case No. 138 of 2014 and pray for regular bail. The court below shall dispose of the bail petition on merits without being prejudiced by the order of this court. (Prabhat Kumar Jha, J) BKS/- U T