Allowed

Ramlakhan Singh @ Lakhan Chandrawanshi v. The State of Bihar

Patna HC19 Apr 2022CR. MISC./42852/2021

Case brief

AI extract

What is this about?

High Court allowed bail to the petitioner charged under various IPC sections in an assault case resulting in death, citing general allegations against all accused, absence of specific overt acts, and deceased's husband's statement not naming the petitioner, subject to standard conditions.

What did the court decide?

Released on bail on furnishing bonds of Rs. 20,000/- with two sureties of the like amount each, subject to specific conditions.

Ramlakhan Singh @ Lakhan Chandrawanshi Vs The State of… — Cheating and Forgery | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42852 of 2021

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Arising Out of PS. Case No.-23 Year-2021 Thana- NARALI KALA KHURD DistrictAurangabad

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======================================================

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Ramlakhan Singh @ Lakhan Chandrawanshi Son Of Late Durga Singh @ Durga Chandrawanshi Resident Of Village - Sahu Khap, P.S.- Nararikala Khurd, Distt.- Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar For the Opposite Party/s : Mr.A.G. ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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3 19-04-2022

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Let the defects, if any, be removed within four weeks from today.

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Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.

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Petitioner seeks bail in a case registered in connection with Narari Kala Khurd P.S.Case No. 23 of 2021 for the offences punishable under Sections 341, 323, 307, 504, 354, 302/34 of the Indian Penal Code.

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As per the prosecution case, it is alleged that on 29.3.2021 accused Amit Kumar came at the house of the informant and tried to outrage the modesty of his wife on the pretext of colours on the eve of Holi, the informant protested, then accused Amit Kumar, started abusing and assaulted the

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Patna High Court CR. MISC. No.42852 of 2021(3) dt.19-04-2022 2/4

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informant. On hearing hulla the accused persons came at the house of informant with lathi and danda and assaulted the informant. When cousin of the informant Ramjanam Singh, Basant Singh, Indradeo Singh and his aunt Kusum Devi came there to rescue him, all the accused persons assaulted his cousin brother and aunt, due to which the informant and his cousin and aunt sustained serious injuries. Later on, during course of treatment Kusum Devi succumbed to injuries.

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It is submitted on behalf of the learned counsel for the petitioner that there is general and omnibus allegation against all the accused persons and no specific overt act has been attributed against the petitioner. It is next submitted that during course of investigation, the statement / fardbeyan of Arjun Singh, who happens to be husband of the deceased, was also recorded at NMCH, Jamuar, but he did not take the name of this petitioner as one of the person, who assaulted the deceased. Further, it appears from the post mortem report that only one lacerated wound over right side of scalp 1”x1/6” has been found on the body of the deceased and the cause of death was shown to be hemorrhage which is cause by hard and blunt substance. It is lastly submitted that the petitioner having clean antecedent and is in custody since 04.04.2021.

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Patna High Court CR. MISC. No.42852 of 2021(3) dt.19-04-2022 3/4

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The learned A.P.P opposed the prayer for bail of the petitioner and submits that there is serious allegation against all the accused persons including this petitioner. They have brutally assaulted the family members of the informant causing death of one Kusum Devi. It is also submitted that trial is going on and one of the prosecution witness has been examined. It is further submits that during course of investigation, the name of the petitioner has come in various paragraphs as one of the member, who brutally assaulted all the family members.

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Having heard the rival contentions of the parties and taking into consideration the fact that there is general and omnibus allegation against all the accused persons and no specific overt act has been alleged against him. Apart from the fact that the fardbeyan of the husband of the deceased has also been recorded by one ASI at NMCH, Jamuar, who did not take the name of this petitioner and he is in custody since 04.04.2021 let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Narari Kala Khurd P.S.Case No. 23 of 2021 subject to the condition that one of the bailors will be the close relatives of the petitioner

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Patna High Court CR. MISC. No.42852 of 2021(3) dt.19-04-2022 4/4

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with further conditions which are as follows:-

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(i) The petitioner will cooperate in conclusion of the

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trial.

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(ii) He will remain present on each and every date of trial till disposal of the case.

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(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial.

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(iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

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(Harish Kumar, J)

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N.K/-

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U T

Ramlakhan Singh @ Lakhan Chandrawanshi v. The State of Bihar

Case brief

What is this about?

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Ramlakhan Singh @ Lakhan Chandrawanshi v. The State of Bihar

Case brief

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