Upendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54362 of 2016 Arising Out of PS.Case No. -287 Year- 2016 Thana -PIRO District- BHOJPUR ====================================================== Upendra Ram, son of Late Kapil Ram, resident of village - Baira Dih, P.S. - Piro (Hasan Bazar), District - Bhojpur.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sada Nand Roy, Advocate For the Opposite Party : Mr. Sri Pradeep Narain Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Piro (Hasan Bazar) P.S Case No. 287 of 2016 registered for the offences punishable under Sections 341, 345(A) and (B) of the Indian Penal Code.

Allegedly, the petitioner started dragging the informant, when she protested, he put vermilion on her head and torn her blouse, she raised alarm and then the petitioner fled away. Submission is of false implication and that there is old enmity between the petitioner and the informant. The petitioner without any fault is suffering in custody since 23.09.2016, charge sheet has already been submitted and there is

Patna High Court Cr.Misc. No.54362 of 2016 (2) dt.20-12-2016 2/2 no chance of tampering with the prosecution evidence and, as such, the petitioner deserves sympathetic consideration. Learned A.P.P. opposes the prayer of bail.

In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M. -1st Ara, in connection with Piro (Hassan Bazar) P.S. Case No. 287 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) Rajiv/- U T