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Patna High CourtCR. MISC./71559/2019bail granted

Ramji Ravidas v. The State Of Bihar

2020-03-06Mr. Justice Prabhat Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71559 of 2019 Arising Out of PS. Case No.-296 Year-2019 Thana- ISLAMPUR District- Nalanda ====================================================== 1.

RAMJI RAVIDAS Son of Late Shivnath Ravidas 2.

Amrit Ravidas @ Sadhu Ravidas Son of Ramji Ravidas Both resident of Village - Maksushpur (Chamarbigha), P.S.- Islampur, Distt.- Nalanda.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar Mr. Shailendra Bharti For the Opposite Party/s :

Mr.Jai Narain Thakur For the informant : Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-03-2020 Heard both sides.

The petitioners seek bail in Islampur P.S. Case No.296 of 2019 registered under Sections 341, 323, 447, 379, 504, 506, 326 and 34 of the Indian Penal Code.

The informant alleged that Ramji Ravidas assaulted her husband with iron rod on his head. Ajit Ravidas caught her with bad intention and snatched her Mangalsutra from her neck. It is further alleged that Amrit Ravidas and Ravindra Ravidas assaulted the husband of the informant with sword. The learned counsel for the petitioners submits that one injury was found on the head of Pramod Pal, the husband of the informant and the injury is simple in nature. The author of

Patna High Court CR. MISC. No.71559 of 2019(3) dt.06-03-2020 2/3 the injury found on the head of the informant is petitioner No.1. Four other injuries are found on the body of Pramod Pal and Amrit Ravidas and Ravindra Ravidas are said to have the author of all the four injuries but two injuries, injury nos.3 and 4, on the forearm and fingers, are opined to be grievous in nature. Petitioners are in jail for more than 7 1⁄2 months. On the other hand, learned A.P.P. as well as learned counsel for the informant opposed the prayer for bail and submitted that five injures were caused to Pramod Pal out of which, two injuries are grievous in nature.

On perusal of record, it appears that petitioner No.1(Ramji Ravidas) is alleged to have assaulted Pramod Pal with iron rod on his head. One injury on head was found which is opined to be simple in nature. Thereafter, Amrit Ravidas and Ravindra Ravidas are alleged to have assaulted the husband of the informant with sword. Four injuries are caused by sharp edge weapon out of which injuries on forearm and fingers are opined to be grievous in nature for that petitioners are in jail since 10.07.2019. Petitioners remained in jail for more than seven months.

Considering the aforesaid facts, let the petitioners, above named, be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.71559 of 2019(3) dt.06-03-2020 3/3 Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Islampur P.S. Case No.296 of 2019.

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