Lakhan Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40957 of 2018 Arising Out of PS.Case No. -351 Year- 2018 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Lakhan Ram S/o Late Bharat Ram, R/o Vill.- Betari, P.S.- Bhabua, DistrictKaimur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Pathak For the Opposite Party/s : Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-07-2018 The petitioner is apprehending his arrest in connection with Bhabhua P.S. Case No. 351/18, registered for offences punishable under Sections 341, 323, 504, 354 and 34 of the Indian Penal Code.
Allegation against the petitioner is that he along with other has gone for tapping toddy from the toddy tree and when the informant protested, they started abusing and there is further allegation that on 14.05.2018, other co-accused persons abused the informant and also assaulted him and his wife and used filthy language.
It has been submitted on behalf of the petitioner that there are two occurrence one is of 13.05.2018 and other is of 14.05.2018 and so far second occurrence of 14.05.2018, name of petitioner
Patna High Court Cr.Misc. No.40957 of 2018 (2) dt.16-07-2018 2/3 has not found place and, therefore, the allegation of disrobing the wife of Ramawati Devi has not been attributed to the petitioner. Heard learned A.P.P. also.
Having heard both sides, considering the facts and circumstances of the case, nature of offence and also that petitioner has no criminal antecedent and only general and omnibus allegation has been levelled against him, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 15,000 (Rs. Fifteen Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bhabhua, in connection with Bhabhua P.S. Case No. 351/18, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the
Patna High Court Cr.Misc. No.40957 of 2018 (2) dt.16-07-2018 3/3 event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/-Amjad U T