Ram Kumar @ Ram Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22980 of 2020 Arising Out of PS. Case No.-292 Year-2019 Thana- NAANPUR District- Sitamarhi ====================================================== 1.

RAM KUMAR @ RAM KUMAR MAHTO Son of Raudi Mahto Resident of Village - Nanpur South, P.S.- Nanpur, Distt - Sitamarhi. 2.

Kiran Devi Wife of Ram Kumar @ Ram Kumar Mahto Resident of Village - Nanpur South, P.S.- Nanpur, Distt - Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Kumar, Advocate For the Opposite Party/s :

Mr. Pradeep Narayan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-09-2020 Heard Mr. Uday Kumar, learned counsel for the petitioners and Mr. Pradeep Narayan Kumar, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioners apprehend arrest in connection with Nanpur P.S. Case No. 292 of 2019 registered for the offences punishable under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code.

The allegation against the petitioners as per the First Information Report is that the petitioners having armed with axe and spade entered into the house of the informant and assaulted his father and sisters.

Patna High Court CR. MISC. No.22980 of 2020(2) dt.25-09-2020 2/3 Learned counsel for the petitioners submits that petitioner No. 1 is uncle of the informant. Learned counsel further submits that there is land dispute between the parties and there is case and counter case between them inasmuch as for an occurrence which has taken place on the same date and time, Nanpur P.S. Case No. 293 of 2019 has been lodged against the informant and others by the side of the petitioners. Learned counsel referring to paragraph-6 of this petition submits that the injuries caused to the victim has been found to be simple in nature.

Having regard to the submissions made by the parties and taking into consideration the fact that both the parties are closely related with each other and the injuries caused to the victim are simple in nature, I am inclined to grant anticipatory bail to the petitioners.

Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioners, above named, shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Pupri at Sitamarhi, in connection with Nanpur P.S. Case No. 292 of 2019, subject to the condition

Patna High Court CR. MISC. No.22980 of 2020(2) dt.25-09-2020 3/3 as laid down under Section 438(2) of the Code of Criminal Procedure.

It is made clear that at the time of furnishing bails bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T