Pyre Lal Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78053 of 2023 Arising Out of PS. Case No.-57 Year-2023 Thana- KOCHAS District- Rohtas ====================================================== 1.
Pyre Lal Ram, aged about 30 years, Son of Dhananjay Ram R/o vill - Tetariyan, P.S. - Kochas, Distt. - Rohtas 2.
Jiwan Prakash Ram, Male, aged about 28 years, Son of Dhananjay Ram R/o vill - Tetariyan, P.S. - Kochas, Distt. - Rohtas ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sada Nand Roy, Advocate.
For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-01-2024 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
3. The petitioners are apprehending their arrest in connection with Kochas P.S Case No. 57 of 2023 dated 11.02.2023 registered for the offence punishable u/ss 341, 323, 325, 307, 354, 379, 504 read with 34 of the Indian Penal Code.
4. As per the prosecution case, when the informant
Patna High Court CR. MISC. No.78053 of 2023(2) dt.15-01-2024 2/3 was construing his house then the petitioners and the coaccused persons holding lathi, danda and rod stopped the construction on the land. Upon query they started abusing and assaulted the informant side. In the meantime, the sons of the informant namely, Sajit Ram and Arbind Ram and daughter-in-law Lilavati Devi, came to save the informant then the accused persons also assaulted them due to which they got injured. It is further alleged that during the course of incident the informant's both hands got fractured and the head of his two sons also got injured. The petitioners Pyre Lal Ram and Jiwan Prakash Ram outraged the modesty of his bhahu (daughter-in-law) due to which she became nude. It is further alleged that the co-accused Rajvansh Ram and Dhananjay Ram snatched Rs. 47,000/- from the pocket of the informant.
5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. It is further submitted that the there is general and omnibus allegation against the petitioners. Learned counsel has further submitted that there is land dispute between the parties. The co-accused persons have already
Patna High Court CR. MISC. No.78053 of 2023(2) dt.15-01-2024 3/3 granted anticipatory bail by the Coordinate Bench of this court vide order dated 13.09.2023 passed in Cr. Misc. No. 58818 of 2023. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.
6. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners. 7.
Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Sasaram (Rohtas) in connection with Kochas P.S Case No. 57 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
8. This application stands allowed.
(Chandra Prakash Singh, J) Nilmani/- U T