Akhilesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58359 of 2019 Arising Out of PS. Case No.-135 Year-2019 Thana- SAKRA District- Muzaffarpur ====================================================== 1.

AKHILESH RAM Son of Ramlal Ram Resident of Village- Baghnagri, P.SSakra, District- Muzaffarpur, Bihar. 2.

Raju Ram Son of Vishwanath Ram Resident of Village- Baghnagri, P.SSakra, District- Muzaffarpur, Bihar. 3.

Jitendra Ram Son of Laxmi Ram Resident of Village- Baghnagri, P.S-Sakra, District- Muzaffarpur, Bihar.

4.

Laxmi Ram Son of Late Nirpat Ram Resident of Village- Baghnagri, P.SSakra, District- Muzaffarpur, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Singh For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-11-2019 The petitioners apprehend their arrest in connection with Sakra P.S. Case No. 135/2019 registered under Sections 302, 120(B)/34 of the Indian Penal Code.

The allegation against the petitioners is that on the date of occurrence, i.e., 21.03.2019, at 3:00 P.M., co-accused Ramchandra Ram came and assaulted the husband of the informant on his head by means of iron rod and another accused namely Ravindra Ram also assaulted the husband of the informant by means of iron rod on his head. It has further been alleged that petitioner after hearing noise came and started

Patna High Court CR. MISC. No.58359 of 2019(4) dt.20-11-2019 2/3 throwing bricks and further alleged that petitioner no. 4, Laxmi Ram also assaulted the husband of the informant by means of bamboo.

Learned counsel for the petitioner submitted that petitioner has falsely been implicated in this case inasmuch as from the First Information Report it is evident that the specific allegation of assault is upon another co-accused Ramchandra Ram and Ravindra Ram. Learned counsel further submits that no specific allegation of assault upon the deceased has been made against the petitioners, except petitioner no. 4. Having regard to the submissions made by the parties and taking into consideration the fact that no specific allegation of assault is there against the petitioners and allegation of assault is against the other co-accused and deceased has succumbed to the head injury not caused by petitioners, as such, I am inclined to grant anticipatory bail to the petitioners.

Let the petitioners, above-named, in the event of arrest or surrender before the Court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.58359 of 2019(4) dt.20-11-2019 3/3 the learned Sub Judge XIII-cum-A.C.J.M., IV, Muzaffarpur in connection with Sakra P.S. Case No. 135/2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) Ranjeet/- U T