Santosh Ram And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.31681 of 2014 (2) dt.30-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31681 of 2014 Arising Out of PS.Case No. -2237 Year- 2010 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ======================================================

1. Santosh Ram

2. Ashok Ram

3. Umesh Ram All sons are of Bikram Ram resident of village - Laiya Tola, P.S. - Bettiah Mufasil, Dist - West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Gupta For the Opposite Party/s : Mr. Raj Kishor Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-01-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. The petitioners seek anticipatory bail in connection with Complaint Case No. 2237-C/2010 pending in the Court of learned Sub Divisional Judicial Magistrate, Bettiah, West Champaran disclosing offences under Sections 323, 394 of the Indian Penal Code and 27 of the Arms Act.

As per the prosecution story, the petitioners snatched a sum of Rs. 20,000/- from the dickey of the complainant's motorcycle on the point of a country made pistol. It is also alleged that they assaulted the complainant and one Nisha Kumari, who

Patna High Court Cr.Misc. No.31681 of 2014 (2) dt.30-01-2015 was pillion rider with the complainant in the motorcycle. It is submitted on behalf of the petitioners that prior to institution of the complaint case, an F.I.R instituted against the father of the complainant, who was the Panchayat Secretary of Jaitiya Gram Panchayat Raj, under Chanpatia block of the District of East Champaran which is reason behind present malicious prosecution. He submits that the FIR was instituted against the complainant's father and the Mukhiya of the Gram Panchayat on the basis of a complaint filed by the sister of these petitioners, who are full brothers, regarding misappropriation of Indira Awash money.

In view of the nature of allegation and in view of the submissions as above, let the petitioners above named, in the event of their arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Bettiah, West Champaran in connection with Complaint Case No. 2237-C/2010, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Chakradhari Sharan Singh, J) ArunKumar/- U