Mohan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23999 of 2020 Arising Out of PS. Case No.-131 Year-2019 Thana- MAJORGANJ District- Sitamarhi ====================================================== 1.

MOHAN RAM S/o Ramji Ram Resident of Village- Mejorganj Ward No.8, P.S.- Majorganj, District- Sitamarhi.

2.

Vinod Ram S/o Ramji Ram Resident of Village- Mejorganj Ward No.8, P.S.- Majorganj, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-10-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioners and Shri Dinesh Singh, the learned A.P.P. appearing for the State. The petitioners apprehend their arrest in connection with Majorganj P.S. Case No. 131 of 2019 for the offence punishable under Sections 341, 323, 308, 504 and 34 of the Indian Penal Code.

The allegation is that while the husband of the informant, on the alleged date and time of occurrence, was standing on the road and waiting for other labourers, the petitioners had arrived there and had abused the informant and

Patna High Court CR. MISC. No.23999 of 2020(2) dt.15-10-2020 2/2 when the husband of the informant had objected to the same, the petitioner no.1 had caught hold of his both hands and the petitioner no.2 had assaulted him with iron rod on his head, resulting in him sustaining serious injuries. The learned counsel for the petitioners submits that the petitioners are innocent, have been falsely implicated in the present case and are having a clean antecedent. The learned Additional Public Prosecutor has vehemently opposed the prayer for anticipatory bail. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the fact that the petitioners are alleged to have engaged in assaulting the husband of the informant, resulting in him sustaining serious injuries, I do not find that the present case is a fit case for grant of anticipatory bail to the petitioners, hence the present petition stands dismissed.

(Mohit Kumar Shah, J) Tiwary/- U T