Ramesh Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21930 of 2017 Arising Out of PS.Case No. -26 Year- 2016 Thana -BAJPATTI District- SITAMARHI ====================================================== Ramesh Raut, Son of Ashok Raut, resident of Village - Basopatti Narha, P.S. Bajpatti, Distt- Sitamarhi.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ritesh Kumar Narain Singh, Advocate. For the Opposite Party : Mr. Parmanand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 13.03.2016 in connection with Bajpatti P.S. Case No. 26/2016 for the offences instituted under Sections 341, 323, 324, 376/511, 379 and 504/34 of the IPC.

The prosecution story, in brief, is that on the date of occurrence, the petitioner assaulted the informant and forcibly inserted Lathi in the anus of the informant, causing bleeding injury. It is further alleged that the wife and the daughter of the

Patna High Court Cr.Misc. No.21930 of 2017 (3) dt.12-07-2017 2/3 informant came to save then co-accused Ashok Raut attempted to commit illegal act with the wife of the informant after pulling her Saya. Other accused persons assaulted the informant and his wife. Earlier the bail application of the petitioner was rejected vide Cr. Misc. No. 23268/2016 on 29.09.2016 with an observation 'at this stage'. This is second attempt on behalf of the petitioner for grant of bail.

A report was called for from the court below regarding the stage of the case. It has been reported that last month the case was kept for framing of charge but the charge could not be framed. On behalf of learned counsel for the petitioner, it has been submitted that the petitioner is in custody since 13.03.2016 and charge sheet has already been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. He has got no criminal antecedent. There is land dispute between the parties and for the said reason he has falsely been implicated in the present case.

On behalf of learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two

Patna High Court Cr.Misc. No.21930 of 2017 (3) dt.12-07-2017 3/3 sureties of the like amount each to the satisfaction of learned J.M. Pupri at Sitamarhi in connection with Bajpatti P.S. Case No. 26/2016.

U.K./- (Sudhir Singh, J) U T