Arun Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14798 of 2020 Arising Out of PS. Case No.-15 Year-2019 Thana- MADHEPURA District- Madhepura ====================================================== 1.

ARUN RAM Son of Late Panchu Ram Resident of Village - Bharrahi, P.S.- Madhepura, (Bharrahi O.P), Distt.- Madhepura. 2.

Virendra Ram @ Birendra Kumar Son of Arun Ram Resident of Village - Bharrahi, P.S.- Madhepura, (Bharrahi O.P), Distt.- Madhepura. 3.

Arvind Ram @ Arvind Kumar Son of Sri Arun Ram Resident of Village - Bharrahi, P.S.- Madhepura, (Bharrahi O.P), Distt.- Madhepura. ... ... Petitioners.

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Uday Chand Prasad For the Opposite Party/s :

Mr. Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-07-2020 This case has been heard through videoconferencing. Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 324, 379, 384, 354 A & 436 of the Indian Penal Code.

While the informant was constructing her house by labourers, all the named accused persons including the petitioners, being armed with lathi, danda and iron-rod, are said

Patna High Court CR. MISC. No.14798 of 2020(2) dt.07-07-2020 2/3 to have reached there. They started abusing the informant and started dragging the informant by holding her hair. Petitioner no.2 bite in her hand by teeth due to which blood started oozing out. When the daughter of the informant rushed in her rescue, she was also assaulted by petitioner no.3 and he took out one pair silver payal from her. Co-accused Mithun Kumar assaulted her old mother-in-law causing injury in her leg. Co-accused Manoranjan Ram and Usha Devi threw fire on the house, which caught fire in the Tatti of the house. Petitioner no.1 and coaccused Naresh Yadav took away spade, bag of cement etc. They also demanded Rangdari and snatched cash of Rs.5000/- from the informant.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to dirty village politics. Neither the petitioners were apprehended at the spot nor any incriminating article has been recovered from their conscious physical possession. As a matter of fact, both the parties are next door neighbours. The injury sustained by the victims are simple in nature. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners have no criminal antecedent.

Patna High Court CR. MISC. No.14798 of 2020(2) dt.07-07-2020 3/3 Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in connection with Madhepura (Bharrahi O.P.) P.S. Case No.15 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T