Damodar Ram And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17827 of 2016 Arising Out of PS.Case No. -165 Year- 2015 Thana -RAGHOPUR District- SUPAUL ======================================================
1. Damodar Ram Son of Late Dhanai Ram
2. Binod Kumar Ram @ Binod Ram son of Damodar Ram
3. Bhagwat Ram @ Bhagwan Ram son of Late Buchai Ram, all resident of village- Daulatpur, P.S.- Raghopur, District- Supaul
4. Mithilesh Ram,
5. Dipak Ram @ Dipu Ram @ Dip Narayan Ram, Son of Upendra Ram, resident of village- Bauraha, P.S.- Karjain, District- Supaul .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun, Advocate. For the Opposite Party/s : Mr. Pradip Narayan Kumar (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-05-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
Petitioners apprehend their arrest in connection with Raghopur P.S.Case No. 165/2015 registered for offences punishable under Sections341, 323, 379, 324,307,354B, 504, 506/34 of the Indian Penal Code and under Section 27 of Arms Act.
The prosecution case, in brief, is that on 30.10.2015 at 7.30 A.M. all the petitioners along with other accused persons came to the door of the informant and started hurling filthy
Patna High Court Cr.Misc. No.17827 of 2016 (2) dt.05-05-2016 2/3 languages and gave Dabia blow on the head of the husband of the informant, where she came to save him, she was also assaulted by the accused persons at her belly and private parts of the body. It has been submitted by the learned counsel for the petitioners that they are innocent and have been implicated because of some land dispute as is evident from F.I.R. itself. It has further been submitted that with the intervention of the covillagers both the parties have compromised and no dispute between them subsists.
Learned counsel for the petitioners further submits that they have no criminal antecedent as is evident from para-3 of this petition.
However, learned A.P.P. for the State submits that the petitioners are named in the First Information Report, hence, opposes the prayer for bail.
Be that as it may, since both parties have entered into compromise and the petitioners having no criminal antecedents and the matter arises out of the civil dispute, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only)each with two sureties of like amount each to the
Patna High Court Cr.Misc. No.17827 of 2016 (2) dt.05-05-2016 3/3 satisfaction of learned A.C.J.M., Birpur (Supaul) in connection with Raghopur P.S.Case No. 165/2015, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C. (Nilu Agrawal, J) Sudha/- U T