Pardeshi Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76351 of 2024 Arising Out of PS. Case No.-256 Year-2024 Thana- RAMNAGAR District- West Champaran ====================================================== Pardeshi Ram Son of Jangbahadur Ram @ Jagbahadur Ram Resident of Village- Pakadhi, P.S.- Ramnagar, Distt.- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Minta Devi Wife of Late Mahesh Ram Resident of Village- Pakadi, P.S.- Ramnagar, Distt.- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Gupta, Advocate :

Mr.Dharmesh Kr. Choubey, Advocate For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-11-2024 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Ramnagar PS case no. 256 of 2024, disclosing offences punishable under Sections 354(B), 307, 302 and other allied sections of the Indian Penal Code and Sections 8 and 12 of POCSO Act.

3.

The prosecution story, as per the First Information Report, is that on 10.06.2024 at about 5 pm, informant's daughter was returning from her old house and going towards her new house. In the way, petitioner threw stone upon her. When informant's daughter asked reason for the said misbehaviour, he threatened to kidnap her. It is alleged that when informant's daughter came home and told about the incident, then informant's

Patna High Court CR. MISC. No.76351 of 2024(2) dt.14-11-2024 2/2 husband and his brother-in-law went to ask the petitioner but there, scuffle took place and petitioner hit on the head of informant's husband with an iron rod, as a result, he died subsequently. 4.

Learned Counsel for the petitioner submits that petitioner has falsely been implicated in this case taking benefit of death of informant's husband. Learned counsel further submits that in her statement recorded under Sections 161 & 164 Cr.P.C., the victim girl has not supported the prosecution case, inasmuch as the victim girl has stated that petitioner thrown a piece of stone only, which hit her.

5.

Learned APP for the State vehemently opposed the prayer for bail and submits that due to assault made by the petitioner, informant's husband has died.

6.

Regard being had to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that petitioner assaulted informant's husband by means of khanti, leading to his death. Hence, I am not inclined to grant the privilege of anticipatory bail to the petitioner. 7.

This application is, accordingly, dismissed.

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