Jai Prakash Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1787 of 2021 Arising Out of PS. Case No.-154 Year-2020 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Jai Prakash Ram son of Ghau Ram Resident of Village- Chakiya, P.S. Kudra, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-03-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Kudra P.S. Case No. 154 of 2020, Gr.No. 969 of 2020, registered for the offence under Section 307 & other allied sections of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, on 28.05.2020 at about 4:30 hrs., while the mother and the sister of the informant were going to attend call of nature, the petitioner alongwith other FIR named accused came out of bush and this petitioner is alleged to have fired from his katta, as a result of which, sister of the informant sustained fire-arm injury and thereafter, all the accused fled away.

It is submitted on behalf of petitioner that informant is own son and the victim is own daughter of the petitioner. In fact, wife of the petitioner is residing separately with children and

Patna High Court CR. MISC. No.1787 of 2021(2) dt.05-03-2021 2/2 has also lodged a maintenance case against this petitioner and due to family dispute, the present case has been lodged. There is no injury report on the record. Petitioner has got clean antecedent and he is in custody since 07.06.2020. Chargesheet has already been submitted.

Considering the aforesaid facts and circumstances as well as nature of accusation, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Kaimur at Bhabua in connection with Kudra P.S. Case No. 154 of 2020, Gr. No. 969 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T