Bharat Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67057 of 2024 Arising Out of PS. Case No.-386 Year-2024 Thana- JAMUI District- Jamui ====================================================== 1.
Bharat Ram Son of Bishun Ram 2.
Sunita Devi @ Sarita @ Sarita Devi Wife of Bharat Ram 3.
Chandan Kumar @ Chandan Ram Son of Bharat Ram All are resident of Village -Kalyanpur, P. S -Jamui, Distt.- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amrendra Kumar For the Opposite Party/s :
Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-11-2024
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Jamui Police Station Case No. 386 of 2024, dated 22.06.2024, disclosing offences punishable under Sections 302/324/120-B/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 22.06.2022 at about 9:00 A.M. in the morning the daughters of the informant namely, Sonal Sinha (deceased) and Priya Sinha went to temple for performing puja and while they were returning after puja, in the meanwhile, c-accused Kundan Ram assaulted the
Patna High Court CR. MISC. No.67057 of 2024(3) dt.22-11-2024 2/3 informant's daughter, Sonal Sinha, with knife and when Priya Sinha intervened to save her sister, he also gave knife blow to her, due to which she sustained injury in her finger.
4. Learned Counsel for the petitioners submits that the petitioners have falsely been implicated in this case merely because they happen to be the father, mother and brother of co-accused Kundan Ram. The petitioners are residing separately from the family of Kundan Ram. The CCTV footage of the occurrence shows that Kundan Ram was inflicting knife blows upon the deceased. He further submits that the marriage of the co-accused Kundan Ram was performed with the deceased in the year 2022 and out of their wedlock one child had born. The deceased had filed a divorce case against the co-accused Kundan Ram due to which he killed his wife. The petitioners have not played any role in the murder of the informant's daughter inasmuch no material has come against the petitioners to connect them with the present offence. He further submits that similarly situated co-accused person, namely, Gama Ram, has been granted anticipatory bail by this Court, vide order, dated 05.10.2024, passed in Criminal Misc.
Patna High Court CR. MISC. No.67057 of 2024(3) dt.22-11-2024 3/3 No. 64055 of 2024.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the nature of allegation and the fact that there is specific allegation of assault upon co-accused Kundan Ram, who happens to be the husband of the deceased and similarly situated coaccused person has been granted anticipatory bail by this Court, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui, in connection with Jamui Police Station Case No. 386 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √