Chandrika Ram @ Bhola Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69053 of 2022 Arising Out of PS. Case No.-112 Year-2022 Thana- PAHARPUR District- East Champaran ====================================================== Chandrika Ram @ Bhola Ram Son Of Late Ganesh Ram R/V- Khairwa Chaubey Tola Ward No. 3, P.S- Malahi, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Opposite Party/s :

Mr.Ganesh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-02-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 302 read with 34 of the Indian Penal Code.

As per the prosecution case, the petitioner and coaccused persons started abusing and assaulting the mother of the informant. During that course, she fell down on the ground and became unconscious. In the meantime, the injured was taken to Sadar Hospital, Motihari where during the course of treatment

Patna High Court CR. MISC. No.69053 of 2022(3) dt.28-02-2023 2/3 the mother of the informant died.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. There is general and omnibus allegation against the petitioner. Learned counsel for the petitioner further submitted that as per the post mortem report, no apparent injury mark was present on the whole body of the deceased.

Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. Considering the aforesaid facts and circumstances of the case as well as the fact that there is no external injury found on the body of the deceased, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bailbond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Motihari, East Champaran in connection with Paharpur (Malahi) P.S. Case No. 112 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.69053 of 2022(3) dt.28-02-2023 3/3 The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T