Sibu Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56071 of 2021 Arising Out of PS. Case No.-74 Year-2021 Thana- AKHODHIGOLA DistrictRohtas ====================================================== Birbal Ram Son Of Jagu Ram @ Late Jaglal Chaudhary Resident Of VillageMusai Tola, P.S- Akorhigola, Dist- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 61033 of 2021 Arising Out of PS. Case No.-74 Year-2021 Thana- AKHODHIGOLA DistrictRohtas ====================================================== SIBU RAM S/O LATE DADAN RAM R/o village- Musai Tola, P.S.- Akorhigola, District- Rohtas ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 56071 of 2021) For the Petitioner/s :
Mr. Shankar Kumar, Advocate For the State :
Mr. Bhanu Pratap Singh, APP (In CRIMINAL MISCELLANEOUS No. 61033 of 2021) For the Petitioner :
Mr. Ashok Kumar Pandey, Advocate For the State :
Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-04-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioners and learned APP for the State.
Petitioners seek bail in a case registered for the
Patna High Court CR. MISC. No.56071 of 2021(3) dt.06-04-2022 2/3 offences punishable under Sections 302, 324, 34 of the Indian Penal Code.
As per prosecution case, it is alleged by the informant Shakuntala Kunwar that on 06.07.2021 at about 11:00 A.M. while her husband was going to his house from Akorhigola Bazar then the petitioner and other accused persons confined him in the house of late Dadan Ram and assaulted him with iron rod and tied his hands and legs and also sprinkled the hot water on his body. Further alleged that when she went there then she saw the dead body of her husband.
Learned counsel for the petitioners submits that the petitioners have clean antecedents and they have been falsely implicated in the present case only on the basis of suspicion. He further submits that there is no eye witness to the alleged occurrence and nothing has come against the petitioner during investigation. It also appears from the post mortem report that no external and internal injury was found and the police after investigation submitted chargesheet against the petitioner and the petitioenr is in custody since 08.07.2021. Learned APP for the State has opposed the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
Patna High Court CR. MISC. No.56071 of 2021(3) dt.06-04-2022 3/3 sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Akorhigola P.S. Case No. 74 of 2021, with the following conditions :-
(1) Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the witness, 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 petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. 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) Ibrar//- U T