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Patna High CourtCR. MISC./23717/2021disposed

Kamal Ram @ Ramjee Ram v. The State Of Bihar

2022-06-20Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23717 of 2021 Arising Out of PS. Case No.-10 Year-2020 Thana- SHANKARPUR District- Madhepura ====================================================== 1.

KAMAL RAM @ RAMJEE RAM Son of Late Lakhan Ram Resident of Village - Bagbyani, Ward No.9, P.S.- Shankarpur, Dist.- Madhepura. 2.

DAYANAND RAM @ GAUTAM RAM Son of Kamal Ram @ Ramjee Ram Resident of Village - Bagbyani, Ward No.9, P.S.- Shankarpur, Dist.- Madhepura.

3.

BABLU RAM Son of Kamal Ram @ Ramjee Ram Resident of Village - Bagbyani, Ward No.9, P.S.- Shankarpur, Dist.- Madhepura. 4.

MANISH RAM @ MANISH KUMAR RAM Son of Kamal Ram @ Ramjee Ram Resident of Village - Bagbyani, Ward No.9, P.S.- Shankarpur, Dist.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ashok Kumar, APP For the Doctor :

Mr. Patanjali Rishi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-06-2022 Heard learned counsel for the petitioners, learned A.P.P. for the State and Shri Patanjali Rishi, learned counsel for the Doctor.

The petitioner nos. 1, 3 and 4 apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that petitioner no.1 assaulted his brother by dabia on

Patna High Court CR. MISC. No.23717 of 2021(6) dt.20-06-2022 2/3 head causing injury and on alarm when informant's eldest brother and father reached their for saving him then the accused Dayanand Ram, Bablu Ram (petitioner no.3) assaulted his father and brother causing cut injury. It is next alleged that petitioner no.4 took out Rs. 500 from the pocket of the father of the informant.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, they are persons with clean antecedent and even presuming what has been alleged is true without admitting for the purposes of bail then the allegation is of assault on the brother of the informant by petitioner no.1 on his head by dabia causing injury which is simple in nature and the blow was not repeated and as far as injury caused to the father and brother of the informant is concerned, the injuries inflicted on them are also simple in nature.

Shri Patanjali Rishi, learned counsel appearing for the doctor has explained the case of the doctor vividly that under what circumstances the injuries inflicted on the injured were recorded as simple in nature.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Patna High Court CR. MISC. No.23717 of 2021(6) dt.20-06-2022 3/3 Considering the submissions made by the learned counsel for the petitioners, the petitioner nos. 1, 3 and 4, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Shankarpur P.S. Case No. 10 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. The personal appearance of Dr. Richa Pallavi is hereby dismissed.

(Satyavrat Verma, J) Rishi/- U T