Shambhu Ram @Shambhu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66672 of 2019 Arising Out of PS. Case No.-193 Year-2019 Thana- BARAULI District- Gopalganj ====================================================== SHAMBHU RAM @SHAMBHU SHARMA Son of Late Mahesh Ram Resident of Village - Madanpur, P.S.- Barauli, Distt.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohammad Sufyan For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-10-2019 Heard both sides.

The petitioner apprehends his arrest in Barauli P.S. Case No.193 of 2019 registered under Sections 341, 323, 436, 506 and 34 of the Indian Penal Code.

The informant Gita Devi alleged that on 04.06.2019 at about 12:00 in the night, Shambhu Ram was setting fire in her hut and rest accused were standing there. When the informant raised alarm, Subhash Ram and Chandeshwar Ram caught her and Ram Pravesh Ram and Sarvesh Ram assaulted her. Her husband Mehgu Ram was also assaulted by the accused persons. Learned counsel for the petitioner submits that on 15.05.2019 some quarrel took place between the sons of the informant and the son of Subhash Ram. Santosh Ram and Ashok Ram (sons of informant) took Ram Pukar Ram (son of

Patna High Court CR. MISC. No.66672 of 2019(2) dt.24-10-2019 2/3 Subhash Ram) to a bridge and pushed him down from the bridge. Ram Pukar Ram received grievous injury and Ram Pukar died in PMCH on 16.05.2019 during course of treatment. It is further submitted that no occurrence as alleged by the informant took place and the case has been lodged only because the sons of informant are accused in killing Ram Pukar Ram. The occurrence is said to have taken place on 04.06.2019 but the F.I.R. was lodged after three days of the occurrence and there is no justification for lodging F.I.R. after three days of the occurrence.

It appears from the facts itself that Santosh Ram and Ashok Ram both sons of Gita Devi (informant) are alleged to have taken Ram Pukar Ram to a bridge and pushed him down from the bridge in which Ram Pukar Ram sustained grievous injury. It appears that the occurrence took place on 04.06.2019 but the F.I.R. was lodged after three days of the occurrence. Having considered the facts aforesaid, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M.

Patna High Court CR. MISC. No.66672 of 2019(2) dt.24-10-2019 3/3 Barauli P.S. Case No.193 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T