Madan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35682 of 2021 Arising Out of PS. Case No.-43 Year-2020 Thana- MEHANDIA District- Jehanabad ====================================================== 1.

Madan Ram S/O Late Sri Ram R/O Village-Ismilpur, P.S Mehendiya, District-Arwal 2.

Manoj Kumar S/O Madan Ram R/O Village-Ismilpur, P.S Mehendiya, District-Arwal 3.

Anoj Kumar S/O Madan Ram R/O Village-Ismilpur, P.S Mehendiya, District-Arwal 4.

Kanti Devi @ Shanti Devi W/O Madan Ram R/O Village-Ismilpur, P.S Mehendiya, District-Arwal ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Krishna Chandra Ojha, Advocate For the Opposite Party/s :

Mr. Bharat Bhusan, APP For the O.P. No. 2 : Mr. Ashok Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-04-2022 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 Mehandia P.S. Case No. 43 of 2020 registered for the offence under Sections 341, 323, 308, 504, 34 of the Indian Penal Code. Allegedly in the backdrop of the land dispute, the accused persons including the petitioners began to abuse the informant

Patna High Court CR. MISC. No.35682 of 2021(2) dt.06-04-2022 2/3 and in consequence thereof, informant was assaulted as a result of which he sustained injury. When the informant's son came to rescue his father he was 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. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands. The petitioner No. 4 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 Sri

Patna High Court CR. MISC. No.35682 of 2021(2) dt.06-04-2022 3/3 Ashish Kumar Agnihotri, learned Judicial Magistrate-Ist Class, Arwal in connection with Mehandia P.S. Case No. 43 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