Pritam Ram And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40099 of 2015 Arising Out of PS.Case No. -52 Year- 2015 Thana -RAGHUNATHPUR District- SIWAN ======================================================
1. Pritam Ram @ Pritam Kumar Ram Son of Gautam Ram
2. Gautam Ram Son of Harikishun Ram
3. Sautam Ram Son of Harikishun Ram
4. Ratnesh Kumar Ram Son of Sautan Ram
5. Hari Kishun Ram Son of Late Ram Pati Ram
6. Devanti Devi W/o Harikishun Ram
7. Malti Devi W/o Sautam Ram
8. Kismato Devi W/o Gautam Ram
9. Suraj Kumar Ram Son of Sautam Ram
10. Lakshmi Kumari Daughter of Sautam Ram 11.Ravi Kumar Ram Son of Sautam Ram All resident of village - Bhaisaura, P.S. Siswan, District - Siwan .... .... Petitioner/s
Versus
1.The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Naresh Dikshit, Adv For the Opposite Party/s : Mrs. Sharda Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 30-09-2015 Heard learned counsel for the parties.
Having regard to the nature of allegation against the petitioners for the offences punishable under Sections-364, 366/34 of the Indian Penal Code, while this Court keeping in view that somewhere marriage of Chandan Kumar Ram, became the bone of contention between the two parties, this Court taking into account that Chandan Kumar Ram is not the petitioner in this case, and that the father of the Chandan
Patna High Court Cr.Misc. No.40099 of 2015 (2) dt.30-09-2015 Kumar Ram namely, Gautam Ram, has something to do with the dispute in question, this Court by taking into account that rest of the 10 petitioners did not have any criminal antecedent, would be inclined to grant the privilege of anticipatory bail to the petitioner nos.1, and 3 to 11.
The prayer for anticipatory bail of petitioner no. 2, Gautam Ram, is hereby rejected.
Thus, rest of the petitioners namely, Pritam Ram @ Pritam Kumar Ram, Sautam Ram, Ratnesh Kumar Ram, Hari Kishun Ram, Devanti Devi, Malti Devi, Kismato Devi, Suraj Kumar Ram, Lakshmi Kumari and Ravi Kumar Ram, surrender within a period of four weeks from today, they would be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M. Siwan in connection with Raghunathpur P.S. Case No. 52 of 2015, subject to the conditions laid down under Section- 438 (2) Cr. P.C and also subject to the following conditions:- (i) That both the bailors will be close relative of the petitioners who will give an affidavit giving genealogy as to how they are related with the
Patna High Court Cr.Misc. No.40099 of 2015 (2) dt.30-09-2015 petitioners. The bailors will also undertake to inform the Court if there is any change in the address of the petitioners.
(ii) That the bailors shall also state on affidavit that they will inform the Court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of their bail on the ground of misuse.
(iii) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on the date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse.
(iv) That the petitioners will be well represented on each and every date of trial and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled on this ground alone.
(Mihir Kumar Jha, J) Ranjan/- U T