Pappu Kumar Ram @ Pappu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80776 of 2019 Arising Out of PS. Case No.-232 Year-2019 Thana- CHHATAPUR District- Supaul ====================================================== PAPPU KUMAR RAM @ PAPPU RAM, Son of Raj Kumar Ram, Resident of Village - Parsa Birbal, P.S.- Chhatapur, Dist.- Supaul. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Arun, Advocate.

For the Opposite Party :

Mr.Ramchandra Sahni, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-05-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences under Sections 341, 323, 325, 307, 379, 376(D) and 506/34 of the I.P.C.

The prosecution case, in short, is that the petitioner alongwith others caught hold the husband of the informant and one unknown gave four lathi blows to him. The culprits took her silver ornaments and mobile and broken teeth of her mother-inlaw. They caught hold her and took away from the alleged place

Patna High Court CR. MISC. No.80776 of 2019(3) dt.27-05-2020 2/3 of occurrence and committed rape with her simultaneously and threatened to kill if lodged criminal case. The culprits broken left hand of her husband and her husband is getting treatment at Pratapganj and due to that reason delay occurred in filing of the case.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.08.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering with the witnesses alleged against the petitioner. The date of occurrence is said to be 25.08.2019 as to when the case was instituted on 27.08.2019. Delay has not been explained by the prosecution. The medical examination report of the victim does not support the prosecution case. The medical examination report is annexed as Annexure-2 to the present application.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of learned C.J.M. Supaul in connection with Chhatapur P.S. Case No. 232 of 2019.

Patna High Court CR. MISC. No.80776 of 2019(3) dt.27-05-2020 3/3 Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T