Rajni Devi And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21387 of 2015 Arising Out of PS.Case No. -42 Year- 2015 Thana -PIRPAINTI District- BHAGALPUR ======================================================
1. Rajni Devi wife of Arbind Ram @ Arbind Kumar Ram
2. Sulekha Devi wife of Arjun Ram
3. Rubi Devi wife of Tuntun Ram
4. Swity Kumar
5. Pradeep Kumar Father's Name Arbind Kumar Ram @ Arbind Kr. Ram
6. Tuntun Ram
7. Arjun Ram
8. Arbind Kumar Ram @ Arbind Kumar Sons of Late Raghu Ram All residents of Semanpur, P.S. Pirpainti, District- Bhagalpur. .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Praveen Kumar For the Opposite Party : Mr. D.P.Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-06-2015 Heard learned counsels for the petitioners and the State.
Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 307, 323, 324, 341, 379, 435, 448, 504, 506 of the Indian Penal Code.
It is alleged that accused persons came variously armed and assaulted the informant and when son of the informant Mithu Jha came to rescue then he was assaulted by Garasa on his head by petitioner No. 8 Arbind Kumar Ram. Subsequently Tuntun Ram and Rohit Ram after tying his neck
Patna High Court Cr.Misc. No.21387 of 2015 (2) dt.24-06-2015 2/3 with a rope started dragging him. In the meantime, another son of the informant Saurabh Kumar came to rescue but he was also assaulted by petitioner No. 7 Arjun Ram with axe on his head. When one Sandeep Jha and wife of the informant came to rescue, they were also assaulted and petitioner No. 8 Arbind Kumar Ram snatched gold chain from the neck of the wife of the informant. The accused persons also damaged the household articles of the informant and committed theft of Rs. 1050/- and set the house of the informant on fire. It is submitted by learned counsel for the petitioners that injuries have been found to be simple. There is counter version of the occurrence and petitioners' side also received injuries. Petitioner No. 7 is alleged to have assaulted Saurabh Kumar with axe but injury report of Saurabh Kumar reflects the injuries to be simple in nature caused by hard and blunt substance.
A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Bhagalpur in connection with
Patna High Court Cr.Misc. No.21387 of 2015 (2) dt.24-06-2015 3/3 Pirpainty P.S. Case No. 42 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T