Heera Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1762 of 2022 Arising Out of PS. Case No.-140 Year-2021 Thana- HATHAURI District- Muzaffarpur ====================================================== 1.

Heera Ram Son Of Late Samajhi Ram Resident Of Village - Madhepura, P.S. - Hathauri, District - Muzaffarpur.

2.

Sheela Devi W/O- Heera Ram Resident Of Village - Madhepura, P.S. - Hathauri, District - Muzaffarpur.

3.

Chanda Devi D/O- Heera Ram Resident Of Village - Madhepura, P.S. - Hathauri, District - Muzaffarpur.

4.

Raushan Kumar S/O- Heera Ram Resident Of Village - Madhepura, P.S. - Hathauri, District - Muzaffarpur.

... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar For the Opposite Party/s :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2022 Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 364, 302, 201/34 of the Indian Penal Code.

The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that his son was taken by Rohit Ram on 20.06.2021 at around 7.30 P.M. and when he did not return, the informant started searching and asked the mother of Rohit Ram

Patna High Court CR. MISC. No.1762 of 2022(2) dt.08-08-2022 2/3 about the whereabouts of his son and Rohit Ram, on which her mother gave mobile number of Rohit Ram. It is next alleged that when the informant called Rohit Ram, he became angry and said that he will kill her and also will commit suicide. It is next alleged that on the date of the dead body of the son of the informant was found.

The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case based on suspicion. It is next alleged that from perusal of the allegation as alleged in the F.I.R., it would manifest that the son of the informant was last seen in the company of Rohit Ram as he had called him from his house. It is next submitted that when the informant had gone to the house of Rohit Ram searching her son, it was his mother, who gave the number of Rohit Ram. The learned counsel submits that even during course of investigation, nothing has come to connect the petitioners with the offence as there are no eye witness to the occurrence and the entire allegation hinges around suspicion.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the

Patna High Court CR. MISC. No.1762 of 2022(2) dt.08-08-2022 3/3 event of their arrest or surrender before the learned Court below within a period of six weeks from today, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Hathauri P. S. Case No.140 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T