Tuntun Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.55756 of 2016 (2) dt.11-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55756 of 2016 Arising Out of PS.Case No. -21 Year- 2016 Thana -SARMERA District- NALANDA (BIHARSHARIFF) ====================================================== Tuntun Ram, Son of Baleshwar Prasad, resident of Mohalla Lalbagh, Sheikhpura, P.S. and District- Sheikhpura, at present son-in-law of Bonu Ram, resident of Village Goachak, P.S. Sarmera District Sheikhpura. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Sarmera P.S. Case No. 21 of 2016 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Allegedly, Chhotu Ram and the petitioner assaulted the husband of the informant with slap and fat and Chhotu Ram pushed him, resulting, he fell down on the road and he became unconscious and in the meantime the husband of the informant died. The occurrence has taken place due to trivial dispute. Submission is of false implication and that against the petitioner there is simple allegation for assaulting with fat and slap, the petitioner is the son-in-law of Bhonu Ram and he is suffering in custody since 14.07.2016, chargesheet has already

Patna High Court Cr.Misc. No.55756 of 2016 (2) dt.11-01-2017 been submitted and there is no chance of tampering with the prosecution evidence.

Learned APP fairly submits that against the petitioner there is only allegation that he assaulted with fat and slap. In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate VI, Nalanda at Biharsharif in connection with Sarmera P.S. Case No. 21 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) avin/- U T