Deepak Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56554 of 2024 Arising Out of PS. Case No.-236 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== Deepak Ram, aged about 26 years, Male, Son of Madan Ram, Resident of Village - Ghiwadhar, Ward No. 4, P.S. - Harsidhi, District - East Champaran. ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Nafisuzzoha, Advocate For the Opposite Party :
Mr. Rajendra Prasad Nat, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-09-2024 This matter has been listed under the heading 'For Orders (on office notes)'.
2. Heard learned counsel for the petitioner and learned A.P.P. for the State.
3. The petitioner seeks bail in connection with Harsidhi P.S. Case No. 236 of 2024, G.R. Case No. 2226 of 2024 dated 01.05.2024 registered for the offences punishable under Sections 341, 323, 324, 307, 379 and 504/34 of the I.P.C.
4. As per the prosecution case, on 28.04.2024, the petitioner and the co-accused persons are alleged to have abused the informant and on being protested, Deepak Ram (petitioner) assaulted with iron rod on her head causing head injury. When her husband came to rescue her, the co-accused Madan Ram
Patna High Court CR. MISC. No.56554 of 2024(3) dt.24-09-2024 2/3 assaulted with Garasi on his head due to that he sustained injury. It is further alleged that during the course of scuffle, the co-accused Durgesh Kumar took a golden Mangalsutra worth Rs. 30,000/- from the neck of the informant.
5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the alleged occurrence took place due to dispute between the children of both the parties. It is further submitted that in the F.I.R., it is alleged that the petitioner assaulted the informant with an iron rod on her head causing cut injury and the co-accused Madan Ram has assaulted with Garasi on the head of the informant's husband causing cut injury but the doctor has found all the injuries of the victim are simple in nature as stated in paragraph no. 11 of the bail petition. It is further submitted that the allegation of theft of golden Mangalsutra is superficial. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 11.06.2024.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above
Patna High Court CR. MISC. No.56554 of 2024(3) dt.24-09-2024 3/3 named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Motihari, East Champaran in connection with Harsidhi P.S. Case No. 236 of 2024, G.R. Case No. 2226 of 2024.
8. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T