Ashok Ram @ Ashok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71659 of 2023 Arising Out of PS. Case No.-57 Year-2022 Thana- SURYAPURA District- Rohtas ====================================================== Ashok Ram @ Ashok Kumar S/O- Late Prakash Ram Village- Agrer Kala PsSuryapura Dist- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhaneshwar Prasad Gupta, Advocate For the Opposite Party/s :
Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 08-11-2023 Heard Mr. Dhaneshwar Prasad Gupta, learned counsel appearing on behalf of the petitioner and Mr. Murli Dhar, learned APP appearing on behalf of the State.
2. The petitioner seeks anticipatory bail in connection with Suryapura P.S. Case No. 57 of 2022 registered under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code.
3. Allegation is, that of, assaulting the husband of the informant with iron-rod on his head. Injury is grievous in nature.
4. Learned counsel appearing on behalf of the petitioner submits that informant is not the eye witness and no such incidence has taken place as alleged in the FIR. He further submits that the petitioner to end the enmity has informed him that he will bear the cost of medical treatment, hospital expenses which has been allegedly spent for the treatment of the husband of the informant.
5. Learned APP for the State vehemently opposed the
Patna High Court CR. MISC. No.71659 of 2023(2) dt.08-11-2023 2/3 prayer for grant of pre-arrest bail
6. Considering the nature of allegation made in the FIR, as well as, the submission made on behalf of the petitioner that petitioner is ready to bear the cost of all the medical expenses is subject to the willingness of the informant. However, it appears that the petitioner having realized, has intended to end his enmity, is ready to amicably bear the expenses incurred in the treatment of the husband of the petitioner. I am of the opinion that in case petitioner, along with two responsible persons of the locality, files an affidavit with an under-taking before the District Court, the District Court in that case may call upon the informant, so that the amount of the total expenses can be informed.
7. The petitioner is directed to be released provisionally on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 19th Additional Sessions Judge, Rohtas at Sasaram in connection with Surajpura P.S. Case No. 57 of 2022, on such terms and conditions as the court below deems it fit and proper.
8. If the informant acknowledges that the petitioner has paid the required amount, the provisional bail granted to the
Patna High Court CR. MISC. No.71659 of 2023(2) dt.08-11-2023 3/3 petitioner shall be made absolute after a period of six weeks, subject to the terms and conditions as laid down under Section 438(2) of the Cr.P.C. and further any condition fixed by the Court below.
9. In case of failure, bail bond of the petitioner shall be canceled.
(Purnendu Singh, J.) Ashishsingh/- U T