Murari Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9524 of 2016 Arising Out of PS.Case No. -423 Year- 2015 Thana -BARBIGHA District- SEKHPURA ====================================================== Murari Ram S/o Late Sadashiv Ram R/o Laxmipur, P.S. Barbigha (Kewti), District - Sheikhpura.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Dinkar Kumar For the Opposite Party/s : Mr. Renuka Ratnakar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 01-03-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 354B, 504, 506/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case is that for the dispute with regard to the payment of the contract labourers the petitionere and his son Lalan Ram assaulted the informant and her husband. The son of the petitioner Lalan Ram attempted to outrage the modesty of the petitioner. It is further alleged that

Patna High Court Cr.Misc. No.9524 of 2016 (2) dt.01-03-2016 2/3 the petitioner and his son assaulted the husband of the informant with fists and slaps and petitioner resorted to fire. It is submitted by learned counsel for the petitioner that in the background of money dispute the accusation has been levelled. The petitioner has no criminal antecedent and at earlier point of time the wife of the petitioner lodged Barbigha (Kewti) P.S. Case No. 397 of 2015 against the husband of the informant levelling accusation under Sections 341, 323, 354A, 376/511, 342, 504/34 of the IPC and 27 of the Arms Act and hence, as a retaliatory measure the present case has been lodged on 05.12.2015. It is further submitted that no injury was caused to the husband of the informant. Statement to that effect has been made in paragraph 8 of the petition, which reads as follows:- "That it is humbly submitted that there is no any injury sustained by the husband of the informant."

Considering the above facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount

Patna High Court Cr.Misc. No.9524 of 2016 (2) dt.01-03-2016 3/3 each to the satisfaction of learned Additional Chief Judicial Magistrate 2nd, Sheikhpura in connection with Barbigha (Kewti) P.S. Case No. 423 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T