Dharmendra Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61281 of 2024 Arising Out of PS. Case No.-84 Year-2024 Thana- YADOPUR District- Gopalganj ====================================================== 1.
Dharmendra Ram S/O Dev Nath Ram R/O Village- Bhuali Tola, PsJadopur, Distt- Gopalganj 2.
Anil Kumar S/O Late Baijnath Ram R/O Village- Bhuali Tola, Ps- Jadopur, Distt- Gopalganj 3.
Akash Kumar S/O Late Baijnath Ram R/O Village- Bhuali Tola, PsJadopur, Distt- Gopalganj 4.
Guddu Kumar S/O Late Harinath Ram R/O Village- Bhuali Tola, PsJadopur, Distt- Gopalganj ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Jay Prakash Sharma For the Opposite Party/s :
Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-09-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Jadopur P.S Case No. 84/2024 dated 30.05.2024 registered for the offence punishable u/s 341, 323, 326, 379, 354B, 307 and 506 read with 34 of the Indian Penal Code.
3. As per the prosecution case, the informant has alleged that the pattidar of her father, Shamenath Ram and Devnath Ram along with their family members with a view to
Patna High Court CR. MISC. No.61281 of 2024(2) dt.10-09-2024 2/3 grab her ancestral land used to threaten her on the point of arms and weapons. On 17.05.2024 at about 5:00 PM, the petitioners and the co-accused persons entered the house of the informant and started damaging, looting and taking away the informant's elder brother with an intent to kill. When her brother made protest, the co-accused Shamenath Ram exhorted to kill him, upon which all the accused persons encircled her brother Rohit Kumar and the petitioner no. 2 Anil Ram and the co-accused Mantu Kumar assaulted him on his head and hand with an iron rod causing injury on his head and finger. When the informant went to rescue, the accused persons dragged her by catching hold of her hair and tore her clothes. In the meantime, the petitioner no. 3 inflicted blow of knife on the back of the informant, causing injury. Thereafter, when the informant's mother came to rescue, the co-accused Dhananjay Ram assaulted her with an iron rod causing injury and the co-accused Mithun Kumar also snatched golden ornaments from her neck.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case on account of the land dispute. There is a case and counter case between the parties. Learned counsel has submitted that there is no allegation of outraging the modesty of
Patna High Court CR. MISC. No.61281 of 2024(2) dt.10-09-2024 3/3 the informant and the allegation of theft is super-addition. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 05.06.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners by submitting that the informant sustained grievous injury.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj, in connection with Jadopur P.S Case No. 84/2024 , with the condition:- (i). The petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioners are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T