Chandeshwar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83082 of 2023 Arising Out of PS. Case No.-121 Year-2023 Thana- PHENHARA District- East Champaran ====================================================== CHANDESHWAR RAM Son of Ram Ekbal Ram R/o Gurmiya Rupani, P.s. - Madhuban, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alka Singh For the Opposite Party/s :

Mr. Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection Fenhara P.S. Case No. 121 of 2023 for the offence punishable under sections 376, 302/34 of the Indian Penal Code.

3. Prosecution case, in brief, is that the informant's daughter (Victim) used to work in Maa Janki Sonamati Seva Sansthan Hospital which were administered by co-accused Dr. Jai Prakash Das and Dr. Mantosh Kumar. Other FIR named accused were employee in the said hospital. It is alleged that the victim disclosed that accused persons used to commit wrong with her and after that she stopped going there. It is further alleged that on 8.8.2023, co-accused Dr. Jai Prakash Das called

Patna High Court CR. MISC. No.83082 of 2023(3) dt.14-05-2024 2/3 the victim for payment of her balance amount after which she did not return. The informant received information that the accused persons have ravished and murdered her daughter. The petitioner is said to be driver of the ambulance.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name was transpired in this case on the basis of confessional statement of co-accused Nikhil Kumar Singh @Bhulen who has already been enlarged on bail by this Court vide order dt. 29.2.2024 passed in Cr. Misc. No. 77739 of 2023. It is further submitted that no any consistent or cogent material has brought on record to connect the petitioner with alleged occurrence. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition.

5. Learned APP appearing for the state has opposed the prayer of bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Fenhara P.S. Case no. 121 of 2023, he will be

Patna High Court CR. MISC. No.83082 of 2023(3) dt.14-05-2024 3/3 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Sadar Motihari, Dist- East Champaran, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) amandeep/- U T