Chaturi Ram @ Chulho Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82389 of 2024 Arising Out of PS. Case No.-263 Year-2023 Thana- SONBERSHA RAJ District- Saharsa ====================================================== 1.
Chaturi Ram @ Chulho Ram Son of Yashodhar Ram Resident of VillageKanowa, ward no.- 12 P.o.- Amirta, P.S.- Sonbarsha Raj, District- Saharsa. 2.
Suldeep Ram Son of Pulkit Ram Resident of Village- Kanowa, ward no.- 12 P.o.- Amirta, P.S.- Sonbarsha Raj, District- Saharsa. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Shekhar Singh, Adv.
For the Opposite Party/s :
Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-01-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners seek regular bail in connection with Sonbarsa Raj P.S. Case No.263 of 2023 lodged under Sections 341, 323, 307/34 and 302 of the I.P.C.
3. As per the prosecution case, the F.I.R. has been lodged against four named accused persons including the petitioners against whom there is allegation that they have attacked by sharp edge knife upon the informant's two grandsons due to which they injured. Upon information, the family members took his grandsons to the hospital and during treatment one of his grandson died.
Patna High Court CR. MISC. No.82389 of 2024(2) dt.18-01-2025 2/3
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He submits that from the bare reading of the F.I.R., it transpires that there is direct allegation upon the petitioners, but the factual matrix of this case is otherwise. He further submits that enmity was going on between the families of the informant and the petitioners and the issue relating to the said family is that the informant's grand daughter and one of petitioner, namely, Wakil Ram and his son ( who were involved with the grand daughter of the Informant, namely, Nibha Kumari). Subsequently, family of the informant was not ready for that. But subsequently, after the said occurrence, petitioners' family has accepted this marriage and informant's grand daughter is now residing with the family of the petitioners.
5. Counsel for the petitioners submits that petitioner No.1 is in custody since 09.07.2024 and petitioner No.2 is in custody since 06.06.2024 having clean antecedent.
6. Counsel further submits that the main accused persons against whom allegation of stabbing with knife has been granted bail by this Court vide order dated 10.07.2024 passed in Cr. Misc. No.27440 of 2024 with the specific condition that he be released on bail only after framing of charge, if not framed
Patna High Court CR. MISC. No.82389 of 2024(2) dt.18-01-2025 3/3 (Annexure-P/4).
7. Learned counsel for the State opposes the prayer for bail and submits that as per the F.I.R., there is allegation of stabbing with knife against the petitioners in this case.
8. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail, but only after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of Addl. District and Sessions Judge-II, Saharsa in connection with Sonbarsa Raj P.S. Case No.263 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.
(Dr. Anshuman, J.) Prakashmani/- U T