Patna High CourtCR. MISC./27028/2015rejected

Ratan Ram @ Ratan Kumar Ram v. The State Of Bihar

2015-09-10Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.27028 of 2015 (3) dt.10-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27028 of 2015 Arising Out of PS.Case No. -30 Year- 2015 Thana -SIKRAUL District- BUXAR ======================================================

1. Ratan Ram @ Ratan Kumar Ram Son of Muni Lal Ram Resident of village - Jigna, P.S. Sikroul, District - Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Shailendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-09-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Sikroul P.S. Case No. 30 of 2015 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 302 of the Indian Penal Code.

When the petitioner and others started fencing the disputed land, the mother of the informant protested, resulting she was assaulted and the petitioner assaulted her with butt of the gun due to which she died and when the informant reached, he was also assaulted.

Submission is of false implication and that the petitioner was present in the school. The informant is not the eye

Patna High Court Cr.Misc. No.27028 of 2015 (3) dt.10-09-2015 witness and he reached at the place of occurrence on information received from the villagers. There was no intention to commit murder rather due to fall from the wall informant's mother died to which the learned APP opposes by submitting that the witnesses have supported the allegation of assault made by the petitioner during investigation.

In the facts and circumstances stated above, finding it not a fit case of pre-arrest bail, prayer of the petitioner is hereby rejected.

However, in case and if so advised, the petitioner surrenders and seeks regular bail before the court below, then his prayer for bail shall be considered on its own merit without being prejudiced by the present order.

(Jitendra Mohan Sharma, J) avin/- U T