Umesh Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88704 of 2024 Arising Out of PS. Case No.-56 Year-2024 Thana- LAUKAHI District- Madhubani ====================================================== 1.
Umesh Ram S/o- Jhameli Ram R/o - Sonvarsha, P.S - Laukahi, District - Madhubani 2.
Anand Ram S/o- Late Nageshwar Ram R/o - Sonvarsha, P.S - Laukahi, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-05-2025 Heard Mr. Arvind Kumar, learned counsel for the petitioner and Mr. Bharat Bhushan, learned APP.
2. The petitioners are apprehending their arrest in connection with Laukahi P.S. Case No. 56 of 2024 for the offence under sections 341, 323, 307, 504, 506 and 34 of the I.P.C. lodged on 19.03.2024 by the informant, Ram Babu Ram.
3. As per the prosecution story, the informant alleged that due to land dispute both these petitioners came. While Anand Ram put a towel around his neck and tried to kill him, allegation is that Umesh Ram assaulted by Khanti. He was shifted to the local hospital whereafter Darbhanga Medical College and Hospital for better treatment. This led to the FIR.
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4. Learned counsel for the petitioners submit that both are agnates, have no criminal antecedent, are father-son duo, there is no report of Darbhanga Medical College and Hospital and the Local Hospital of Madhubani has not opined the nature of injury. The last submission is that without accepting the allegation and/or the outcome of the present petition in view of the fact that the informant's side has alleged injuries, the petitioners on their own would like to contribute Rs. 10,000/- each (totalling Rs. 20,000/-) towards the medical assistance of the informant through Demand Draft issued by the local State Bank of India branch to be submitted before the 'NAZARAT' of concerned Court to be handed over to the informant after checking the credentials.
5. Learned APP opposes the prayer submitting that allegation of assault/putting towel and tried to twist the neck is on these petitioners.
6. Taking into account the submissions of the parties as also that the petitioners do not have criminal antecedent, the nature of injury has not been recorded nor there is any such report from the D.M.C.H, FIR lodged, they shall be facing the music, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions subject to
3/4 payment of Rs. 10,000/- each (totalling Rs. 20,000/-) as undertaken by the learned counsel for the petitioners to be paid by Demand Draft of local State Bank of India to be submitted to the Trial Court.
7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM, 1st Class, Jhanjharpur, Madhubani in connection with Laukahi P.S. Case No. 56 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark their attendance;
(iv) the petitioners shall in no way try to induce or
4/4 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Adnan/- U T