Patna High CourtCR. MISC./48479/2024bail granted

Mantu Ram v. The State Of Bihar

2024-09-06Mr. Justice Partha Sarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48479 of 2024 Arising Out of PS. Case No.-569 Year-2023 Thana- RAMNAGAR District- West Champaran ====================================================== MANTU RAM SON OF BACHAN RAM Village -Jura Pakari, (Juda Pakari), P.S. Ram Nagar, Dist. West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 60547 of 2024 Arising Out of PS. Case No.-569 Year-2023 Thana- RAMNAGAR District- West Champaran ====================================================== Raj Mohan Ram @ Raj Mohan Kumar Shiv Dayal Ram @ Ram Dayal Ram Village- Jura Pakri PS-Ramnagar Dist- West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 48479 of 2024) For the Petitioner/s :

Mr.Vijay Kr Singh No. 1, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP (In CRIMINAL MISCELLANEOUS No. 60547 of 2024) For the Petitioner/s :

Mr.Prerna Anand, Advocate For the Opposite Party/s :

Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-09-2024

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioner in Cr. Misc. no. 48479 of 2024 has preferred regular bail while the petitioner in Cr. Misc. no. 60547 of 2024 prays for anticipatory bail in connection with Ramnagar P.S. Case no. 569 of 2023 registered under sections 302, 120B,

2/4 147, 149, 341, 342 and 323 of the Indian Penal Code.

3. As per the prosecution case, the informant states that his son had fallen in love with one Madhu Devi wife of Shivchan Ram. On the night of occurrence, his son was called by Madhu Devi and did not return. Thereafter the informant states that on going to her house the next morning he found the fourteen named accused persons including the petitioners herein and 20-23 unknown accused persons present there who started to abuse the informant and his wife and forced them to return. He stated that Badari Ram was present there with a dabia. Subsequently, it has transpired that his son as also Madhu Devi had been murdered.

4. Learned counsel for the petitioner in Cr. Misc. no. 48479 of 2024 submits that the petitioner has been falsely implicated in the case for the reason that he happens to be the neighbour of Shivchan Ram. He is not related in any manner to the said Shivchan Ram or Madhu Devi. He is in custody since 10.12.2023 and co accused Shiv Dayal Ram @ Ram Dayal Ram has been enlarged on regular bail vide order dated 26.7.2024 passed in Cr. Misc. no. 32478 of 2024.

5. Learned counsel for the petitioner in Cr. Misc. no. 60547 of 2024 submits that the petitioner has been falsely

3/4 implicated in the case. He too is neither related to Shivchand Ram nor Madhu Devi. The allegations against him are also general and omnibus in nature and he has no criminal antecedent. It is thus prayed that he be enlarged on anticipatory bail.

6. The application for bail is opposed by learned APP for the State.

7. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the allegations in the F.I.R, the material that has transpired in course of investigation, the petitioner Mantu Ram being in custody since 10.12.2023 and charge-sheet having been submitted in the case together with the petitioner Raj Mohan Ram @ Raj Mohan Kumar not having any criminal antecedent, the Court is inclined to allow the prayer made in the two applications.

8. The petitioner Mantu Ram is directed to be enlarged on regular bail in connection with Ramnagar P.S. Case no. 569 of 2023, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bagaha, West Champaran.

4/4

9. The petitioner Raj Mohan Ram @ Raj Mohan Kumar in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on anticipatory bail in connection with Ramnagar P.S. Case no. 569 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bagaha, West Champaran.

(Partha Sarthy, J) Harsh/- U T