Rahul Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80716 of 2023 Arising Out of PS. Case No.-82 Year-2022 Thana- TARARI District- Bhojpur ====================================================== Rahul Ram aged about 26 years, male S/O Moti Ram Resident Of Village Jethwar P.S. Tarari, District Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No. 1, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-01-2024 Heard Mr. Rajani Ranjan Pd. Singh, learned counsel appearing on behalf of the petitioner and Mr. Dilip Kumar No.1, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Tarari P.S. Case No. 82 of 2022 registered for the offence punishable under Sections 341 323, 307 and 354/34 of the Indian Penal Code.
3. As per the allegation made in the FIR, the accused persons named therein had assaulted the informant and had also tried to outrage her modesty. Specific allegation of torning the cloth of the informant is against one Manish Ram.
4. Learned counsel appearing on behalf of the petitioner submitted that there is general and omnibus allegation has been levelled against the petitioner as would appear from
Patna High Court CR. MISC. No.80716 of 2023(2) dt.10-01-2024 2/3 the FIR. Petitioner has one criminal antecedent and no specific allegation has been levelled against the petitioner, so far as the present FIR is concerned, that in any manner he had assaulted the informant or had outraged her modesty. Specific allegation of outraging the modesty of the informant is against one Manish Ram. Other co-accused, namely, Moti Ram, Ravi Ranjan Kumar and Rohit Ram have been enlarged on pre-arrest bail by a coordinate Bench of this Court vide order dated 04.08.2023 passed in Criminal Miscellaneous No. 45692 of 2023.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submission made on behalf of the parties, as well as, from the perusal of the FIR it appears that general and omnibus allegation has been levelled against the petitioner and arising out of the same FIR, coaccused, namely, Moti Ram, Ravi Ranjan Kumar and Rohit Ram have been enlarged on pre-arrest bail by a co-ordinate Bench of this Court vide order dated 04.08.2023 passed in Criminal Miscellaneous No. 45692 of 2023. Petitioner has clean antecedent. I am of the opinion that petitioner has, prima facie, made out a case to be enlarged on pre-arrest bail.
7. The petitioner, above named, is directed to be
Patna High Court CR. MISC. No.80716 of 2023(2) dt.10-01-2024 3/3 enlarged on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur at Ara, in connection with Tarari P.S. Case No. 82 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) Niraj/- U T