Sanjay Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82935 of 2023 Arising Out of PS. Case No.-189 Year-2023 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Sanjay Ram, aged about 28 years, Male, son of Kapil Ram, R/O VillageRajadih, P.S- Tariyani, Distt.- Sheohar (BIHAR). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Chandra Ojha, Advocate For the Opposite Party/s :
Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Tariyani PS Case No.189 of 2023 dated 27.07.2023, instituted under Sections 341, 323, 504, 506, 307 of the Indian Penal Code.
3. The allegation against the petitioner is that on the alleged date of occurrence he was beating his son mercilessly and when the informant scolded him he abused the informant and assaulted him with bamboo on his head due to which he became unconscious.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that the FIR has been lodged with
Patna High Court CR. MISC. No.82935 of 2023(2) dt.10-01-2024 2/2 delay of six days and there is no explanation about the delay. It is also submitted that the nature of injury found on the person of the informant is simple, caused by hard and blunt substance. It is also submitted that there is old enmity between the parties and the petitioner has no criminal antecedent.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheohar, in Tariyani PS Case No.189 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T