Akshaya Ram And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13990 of 2019 Arising Out of PS. Case No.-383 Year-2018 Thana- NAUTAN District- West Champaran ====================================================== 1.

AKSHAYA RAM, Son of Singhasan Ram Resident of Village - Jamuniya Brajmala, PS- Jagdishpur, Dist. West Champaran, Bettiah 2.

Sharda Devi, Wife o Singhasan Ram, Resident of Village - Jamuniya Brajmala, PS- Jagdishpur, Dist. West Champaran, Bettiah ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-05-2019 Petitioners seek bail in anticipation of their arrest in connection with Nautan (Jagdishpur) P.S. Case No. 383 of 2018, registered for the offences punishable under Sections 447, 341, 323 and 308/34 of the Indian Penal Code.

Allegation against petitioner No.1 is that he assaulted one Om Prakash Ram, brother of informant, by Barchi on his stomach and allegation against petitioner No.2 is that she assaulted the mother of informant by fists and slaps.

Submission of learned counsel for the petitioners is that there is case and counter case between the parties and petitioner No.1 also received injury.

Heard learned APP, who has opposed the prayer for anticipatory bail of the petitioners stating that the injury caused to

Patna High Court CR. MISC. No.13990 of 2019(3) dt.01-05-2019 2/2 Om Prakash Ram is grievous in nature.

Having heard both sides and in the facts and circumstances, as stated above, let petitioner No.2, above named, in the event of arrest or surrender within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, West Champaram, Bettiah, in connection with Nautan (Jagdishpur) P.S.Case No. 383 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioner shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.

So far petitioner No.1 is concerned, he should surrender and make prayer for regular bail, which shall be considered on its own merit, without being prejudiced by this order. This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) spal/- U T