Ramu Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57945 of 2021 Arising Out of PS. Case No.-313 Year-2021 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== RAMU RAM Son of Bigau Ram Resident of Village - Sion, P.S. - Bhabua, District - Kaimur (Bhabua) ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Shankar Sahay, Advocate Mr. Chandra Mohan Jha, Advocate Mr. Rakesh Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.
Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504 subsequently added Section 302 of the Indian Penal Code. According to prosecution case, one Kanchan Devi filed written report to the S.H.O. Bhabua on 21.06.2021 alleging therein that on the same day she was sitting at her door alongwith the in-laws Rajan Ram. In the meanwhile Ramu Ram coming from his four wheeler and pushed the tail of she buffalo, her father-in-law Rajan Ram made his protest. Later on after
Patna High Court CR. MISC. No.57945 of 2021(3) dt.11-04-2022 2/3 some time Ramu Ram, Ramchandra Ram, Dularchand Ram, Gorakh Ram and Sabal Ram having Lathi, Danda and knife reached at her door, started abusing Dularchand Ram instigated to kill, then Ramchandra Ram and Ramu Ram assaulted Rajan Ram by means of Lathi and Knife resulting of which he fell down and they also assaulted her husband and others. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that as per allegation in the F.I.R. that the petitioner has assaulted the deceased with the knife. He further submits that the postmortem report does not corroborate the allegation as alleged in the F.I.R. He further submits that the present case is a counter blast of Bhabhua P.S. Case No. 312 of 2021 filed by the petitioner against the family member of the informant. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 23.06.2021.
The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing
Patna High Court CR. MISC. No.57945 of 2021(3) dt.11-04-2022 3/3 bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Bhabua P.S. Case No. 313 of 2021, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court 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.
3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) mdrashid/- U T