Ram Avatar Dom @ Ram Awatar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82785 of 2019 Arising Out of PS. Case No.-796 Year-2018 Thana- DEHRI TOWN District- Rohtas ====================================================== Ram Avatar Dom @ Ram Awatar Son of Talvi Dom Resident of Mohalla - Ambedkar Nagar Chowk, Canal Road Ward No. 22, P.S. Dehri (Town), District - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sada Nand Roy, Advocate For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-09-2020 This matter has been taken up through Video Conferencing.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 302/34 of the Indian Penal Code.

Allegation is that the children of the two families had quarreled which led to commission of assault by the elders. The petitioner allegedly caused injury at the head of

Patna High Court CR. MISC. No.82785 of 2019(3) dt.25-09-2020 2/3 the mother of the informant with a rod as a result of that mother of the informant died during course of treatment. The petitioner is in custody since 09.09.2018.

Earlier prayer for bail was refused on 22.04.2019 with direction to the trial Judge to expedite the trial. The report of the trial Judge reveals that in spite of non-bailable warrant of arrest issued against the witnesses no prosecution witness has turned up.

Considering the period already undergone by the petitioner and no chance of conclusion of trial in near future due to Covid-19 effect, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Sessions Trial No.559 of 2018, arising out of Dehri Town P.S. Case No.796 of 2018 with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

Patna High Court CR. MISC. No.82785 of 2019(3) dt.25-09-2020 3/3 (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T