Rajani Kant Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15809 of 2016 Arising Out of PS.Case No. -134 Year- 2015 Thana -UCHAKAGAON District- GOPALGANJ ====================================================== Rajani Kant Ram Son of Nandlal Ram Residents of Village- Harpur Safi tola, P.S.-Uchkagaon, Dist.-Gopalganj .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Dhramveer, Advocate For the Opposite Party/s : Mr. Madan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Uchakagaon P.S. Case No.134 of 2015 for the offences instituted under Sections 341, 323, 324, 307, 354(A), 379 and 504/34 of the Indian Penal Code. The prosecution case, in brief, is based on the written complaint of the informant namely Satyanarain Pandit stating that on 2.8.2015 at about 4.30 p.m., the Government Electric Pole was fixing at road toward South of the house of informant. In the meantime, petitioner along with other named accused persons came there having armed with Lathi, Danda, iron-rod and Katta and
Patna High Court Cr.Misc. No.15809 of 2016 (2) dt.16-05-2016 2/3 made protest to fix it. On which petitioner Rajanikant gave order to assault and he himself started assaulting him repeatedly by iron-rod causing bleeding injuries on head and in the ear. Other accused persons also assaulted him. When his wife Binda Devi came to rescue him, petitioner Rajanikant tore his Balauz and also threw on the ground by catching her hair and co-accused Nandlal Ram started assaulting her with fist and kicks.
It is submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. It is a case and counter case. Both the sides have sustained injury. The case relates to free fight, which had taken place due to electrification work, which had being carried under the Government scheme. Injuries are simple in nature.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the
Patna High Court Cr.Misc. No.15809 of 2016 (2) dt.16-05-2016 3/3 like amount each to the satisfaction of S.D.J.M., Gopalganj, in connection with Uchkagaon P.S. Case No.134 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) N.H./- U T