Jagdev Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31732 of 2021 Arising Out of PS. Case No.-386 Year-2020 Thana- NARPATGANJ District- Araria ====================================================== 1.

Jagdev Ram S/O Late Amin Ram R/O Village-Jhingali Choak, Ward No.5, P.S.-NARPATGANJ, District-Araria.

2.

Mala Devi W/O Bechan Ram R/O Village-Jhingali Choak, Ward No.5, P.S.- NARPATGANJ, District-Araria.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-03-2022 Heard learned counsel for the petitioners and the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in Narpatganj P.S. Case No. 386 of 2020 registered for the offence under Sections 341, 323, 324, 307, 379, 354(B), 504 and 506 of the Indian Penal Code.

Prosecution case in short is that on 25.08-2020 at night, the accused persons named in the FIR cut down the Electric wire of house of the informant and thereafter, they entered into

Patna High Court CR. MISC. No.31732 of 2021(2) dt.07-03-2022 2/3 the house and started abusing the informant. The informant tried to assuage them and in the meantime, the co-accused Bechan Ram with intent to kill inflicted repeated farsa blow to the cousin of the informant causing head injury to him. The other family members of the informant were also assaulted. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. The nature of injury is said to be simple. No offence u/S 307 of the Indian Penal Code is made out. Rest of the offences are triable by the Magistrate. The petitioner No. 2 is a lady.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, 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 Chief Judicial Magistrate, Araria in connection with

Patna High Court CR. MISC. No.31732 of 2021(2) dt.07-03-2022 3/3 Narpatganj P.S. Case No. 386 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T