Santosh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13429 of 2020 Arising Out of PS. Case No.-382 Year-2019 Thana- HARSIDHI District- East Champaran ====================================================== 1.

SANTOSH RAM Son of Madan Ram Resident of Village - Pakariya, P.S. - Harsidhi, District - East Champaran.

2.

Mantosh Ram @ Mantosh Kumar Son of Madan Ram Resident of Village - Pakariya, P.S. - Harsidhi, District - East Champaran. 3.

Madan Ram Son of Late Aklu Ram Resident of Village - Pakariya, P.S. - Harsidhi, District - East Champaran.

4.

Dipak Ram @ Dipak Kumar Son of Santosh Ram Resident of Village - Pakariya, P.S. - Harsidhi, District - East Champaran. 5.

Reena Kumari Daughter of Madan Ram Resident of Village - Pakariya, P.S. - Harsidhi, District - East Champaran.

6.

Rita Devi Wife of Santosh Ram Resident of Village - Pakariya, P.S. - Harsidhi, District - East Champaran.

7.

Lachhaminiya Devi @ Lakshmi Devi Wife of Madan Ram Resident of Village - Pakariya, P.S. - Harsidhi, District - East Champaran. 8.

Arun Ram Son of Deoki Ram Resident of Village - Panditpur, P.S. - Paharpur, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

Patna High Court CR. MISC. No.13429 of 2020(2) dt.24-06-2020 2/3 The petitioners are apprehending their arrest in a case registered under Sections 147, 149, 341, 342, 323, 324, 325, 307, 354, 379, 504 and 506 of the Indian Penal Code. The prosecution case, in short, is that the accused persons forming an unlawful assembly surrounded the informant and assaulted her and her family members due to which they sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. There is a case and counter case between the parties. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands. Petitioner nos. 5, 6 and 7 are ladies. On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the facts and circumstances of the case and also the lockdown, the petitioners above named, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection

Patna High Court CR. MISC. No.13429 of 2020(2) dt.24-06-2020 3/3 with Harsidhi P.S. Case No. 382 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U