Bijendra Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25023 of 2024 Arising Out of PS. Case No.-202 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== 1.
Bijendra Ram Son Of Late Soman Ram Resident Of Village - Ekdahra Tola Laxminia Ward No.12, P.S. - Madhepura (BHARRAHI), District - Madhepura 2.
Nandan Ram Son Of Lakshman Ram Resident Of Village - Ekdahra Tola Laxminia Ward No.12, P.S. - Madhepura (BHARRAHI), District - Madhepura 3.
Geeta Devi Wife Of Shankar Ram Resident Of Village - Ekdahra Tola Laxminia Ward No.12, P.S. - Madhepura (BHARRAHI), District - Madhepura 4.
Sulekha Devi Wife Of Bijendra Ram Resident Of Village - Ekdahra Tola Laxminia Ward No.12, P.S. - Madhepura (BHARRAHI), District - Madhepura 5.
Bibha Devi Wife Of Sunil Ram Resident Of Village - Ekdahra Tola Laxminia Ward No.12, P.S. - Madhepura (BHARRAHI), District - Madhepura 6.
Mungiya Devi Wife Of Laltu Ram Resident Of Village - Ekdahra Tola Laxminia Ward No.12, P.S. - Madhepura (BHARRAHI), District - Madhepura 7.
Sunil Ram Son Of Soman Ram Resident Of Village - Ekdahra Tola Laxminia Ward No.12, P.S. - Madhepura (BHARRAHI), District - Madhepura ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dinesh Prasad Verma, Adv.
For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-05-2024 Heard learned Counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending arrest in a case registered for the offences punishable in connection with Madhepura (Bharrahi O.P.) P.S. Case No.202 of 2023 under Sections 341, 323, 324, 307, 379, 427, 504, 506 and 34 of the Indian Penal Code.
Patna High Court CR. MISC. No.25023 of 2024(2) dt.01-05-2024 2/3
3. As per the prosecution, the FIR has been lodged against ten named accused persons against whom there is allegation that they attacked on the informant's house. The specific allegation is against accused Laltu Ram and Sunil Ram to assault the informant's son with fursa on his head due to which bleeding started. Subsequently, the allegation of snatching of cash Rs.10,000/- and jewellery of Gold and Silver as well as clothes are there in the F.I.R.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He submits that the petitioners and the informant both are resident of same village and they are well known to each other and they are not criminals.
5. Counsel further submits that on the petty land dispute of the village, scuffling took place from both sides and due to this reason, for the same date and place of occurrence, criminal case from informant's side bearing Madhepura (Bharrahi O.P.) P.S. Case No.202 of 2023 whereas from the petitioners' side bearing Madhepura P.S. Case No.205 of 2023 has been lodged.
6. Counsel also submits that petitioners' antecedent are clean. He submits that entire family members have been made accused in this case.
7. Learned APP for the State opposes the prayer for
Patna High Court CR. MISC. No.25023 of 2024(2) dt.01-05-2024 3/3 bail and submits that there is specific allegation against the petitioner No.7.
8. In the present facts and circumstances, let the above named petitioner Nos.1 to 6 be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Madhepura (Bharrahi O.P.) P.S. Case No.202 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
9. However, the bail application of petitioner No.7 is concerned, this Court is not inclined to grant anticipatory bail to the petitioner No.7, therefore his bail application is hereby rejected, but hereby directs to the trial court to pass order on regular bail of the petitioner No.7 without prejudice to the rejection order of the anticipatory bail passed by this Court and consider his case on the same day, if possible. (Dr. Anshuman, J.) Prakashmani/- U T