Chandeshwar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47137 of 2019 Arising Out of PS. Case No.-7 Year-2016 Thana- PUSA District- Samastipur ====================================================== CHANDESHWAR RAM, aged about 43 years, Male, Son of Bindeshwar Ram, Resident of Village - Dhobgama, P.S.- Pusa, District- Samastipur ... Petitioner

Versus

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

For the Petitioner :

Mr. Abhay Shankar Singh, Adv.

For the Opposite Party :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Pusa P.S. Case No. 7 of 2016 for the offences alleged under Sections 341, 323, 325, 354, 504 and 34 of the Indian Penal Code.

The accusation is that due to uprooting of potato from the field of the informant, Manoj Kumar Singh, by Chandeshwar Ram and his wife quarrel took place in between informant and them, due to that reason in the evening of 18.01.2016, the informant went at the house of Chandeshwar Ram and complained, on which Chandeshwar Ram started to cause assault to the informant by fists and slaps due to which informant became unconscious. At that time wife of petitioner, Chandeshwar Ram, and Laldeo Ram also abused and cause

Patna High Court CR. MISC. No.47137 of 2019(2) dt.30-07-2019 2/2 assault. Thereafter, informant was dashed to Pusa Hospital from where he was referred to Samastipur Sadar Hospital. The submission of the learned counsel for the petitioner is that in fact due to quarrel in between the wife of the petitioner and wife of the informant hot talk took place, but, due to ulterior motive the informant lodged the case. Further submission is that the petitioner has no criminal antecedent. Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Pusa P.S. Case No. 7 of 2016 shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T