Sarayu Ram @ Sarju Ram And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.45676 of 2015 (2) dt.15-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45676 of 2015 Arising Out of PS.Case No. -169 Year- 2015 Thana -SIMRI District- BUXAR ======================================================

1. Sarayu Ram @ Sarju Ram, son of late Juthan Rak.

2. Dadan Ram, son of late Ramdeo Ram.

3. Shankar Ram, son of Badan Ram.

4. Jitendra Ram, son of Narad Ram.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nil Kamal For the Opposite Party/s : Mr. Atul Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-10-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Simri P.S. Case No. 169 of 2015 registered under Sections 447, 342, 323, 379, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that on 16.08.2015, in the morning, informant, Manu Choudhary, went to the house of petitioners for collecting remuneration but the petitioner no. 1 was not present there whereas, Sheo Kumari, daughter of petitioner no.1, who is teacher, refused to make payment then informant returned to his house and took loan of Rs.4000/- from his neighbour. Thereafter, in the evening, petitioner no.1 along with four others reached at the house of the informant and abused him. When the informant

Patna High Court Cr.Misc. No.45676 of 2015 (2) dt.15-10-2015 made protest then petitioner no. 2 along with one unknown caught hold the informant thereafter petitioner no. 1 took Rs.4000/- from his pocked and also on instigation of petitioner no. 1, petitioner no. 2 shot fire at the informant but the informant saved himself. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case due to ulterior motive, in fact, Sheo Kumar, who is the daughter of petitioner no. 1 and teacher in Prathmik Vidyala, Mahaji Dera, had filed a Complaint Case No. 868 (C) of 2014. Laxman Yadav one of the accused got managed to file present case showing to Bharat Ram witness of complaint case as also accused.

Considering the aforesaid submissions, 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. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in connection with Simri P.S. Case No. 169 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T