Shyam Deo Prasad And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.13364 of 2017 (2) dt.25-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13364 of 2017 Arising Out of PS.Case No. -37 Year- 2016 Thana -JAMOBAZAR District- SIWAN ======================================================

1. Shyam Deo Prasad, S/o late Ramphal Prasad.

2. Mahesh Prasad, S/o Shyam Deo Prasad, All are R/o Village Hetimpur, PS Jamo Bazar, District Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Kant, Advocate. For the Opposite Party/s : Mr. Sri Binod Kumar 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-04-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Jamo Bazar P.S. Case No. 37 of 2016, registered under Sections 341, 323, 307, 504 and 506 of the Indian Penal Code. The accusation is that five persons named in the F.I.R. including the petitioners came in the house of the informant and started to abuse and caused assault through lathi at the head of the informant. When father-in-law, mother-in-law and son of the informant came to save her then they were also assaulted. Learned counsel for the petitioners submits that while petitioners were named in the F.I.R. but no specific overt act has

Patna High Court Cr.Misc. No.13364 of 2017 (2) dt.25-04-2017 been attributed against them as general and omnibus allegation has been made against the petitioners and others to cause injury to the informant but the injuries as found on the person of the informant is simple in nature. Further submission is that petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, 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 Additional Chief Judicial Magistrate I, Siwan, in connection with Jamo Bazar P.S. Case No. 37 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T