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Patna High CourtCR. MISC./738/2017bail granted

Rama Ram And ORS v. The State Of Bihar

2017-01-25Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.738 of 2017 (2) dt.25-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.738 of 2017 Arising Out of PS.Case No. -159 Year- 2016 Thana -KARPI District- JEHANABAD ======================================================

1. Rama Ram, S/O Late Janardan Ram

2. Ramesh Ram, S/O Late Janardhan Ram

3. Mantosh Ram @ Mantosh, Son of Rama Ram

4. Pintu Ram, S/O Ramesh Ram

5. Ajit Ram, S/O Ramesh Ram

6. Chhote Ram @ Chhotelal Ram, S/O Ramesh Ram, All are resident of Village - Bakhtari , P.S.- Karpi, District- Arwal. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manisha Singh, Advocate. For the Opposite Party/s : Mr. Ahmad Ali (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-01-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Karpi P.S. Case No. 159 of 2016 registered under Sections 147, 148, 149, 307, 448, 379 and 504 of the Indian Penal Code. The accusation is that, in the evening of 15.10.2016, 11 persons named in the F.I.R. including the petitioners came at the door of the informant, Malti Devi, armed with lathi, Garasa and stick and started to cause assault to the informant and her two daughters and son. The cause of occurrence is said that the informant made complaint about serving the medicine to her goad and got died.

Patna High Court Cr.Misc. No.738 of 2017 (2) dt.25-01-2017 Learned counsel for the petitioners submits that, in fact, goat of informant had died in course of grazing grass but due to misconception, informant and her family members came at the door of the petitioner and started to abuse and assault due to which occurrence of Marpit took place and petitioner's side also sustained injury, regarding which, Karpi P.S. Case No. 158 of 2016 is instituted on the basis of written report of petitioner no.1. Further submission is that there is general and omnibus allegation against the petitioners to cause assault to the informant and her family members and the petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Arwal, in connection with Karpi P.S. Case No. 159 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T