Shiv Nath Ram And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31544 of 2017 Arising Out of PS.Case No. -485 Year- 2016 Thana -MOTIHARI TOWN District- EAST CHAMPARAN (MOTIHARI) ======================================================
1. Shiv Nath Ram, Son of Sri Bhikhan Ram,
2. Vikash Kumar, Son of late Ram Bahadur Ram, Both Resident of Village- Chandmari Akawana, P. S.- Motihari, Distt. East Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Pranav Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-07-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Motihari Town P.S. Case No. 485 of 2016 instituted for the offence under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code.
There is allegation against both the petitioners that they have assaulted wife of the informant and daughter-in-law with lathi, danda, iron rod etc.
The injury report has been enclosed as Annexure-4 from which it appears that the injured has sustained injury caused by hard and blunt substance. From the nature of injury it appears
Patna High Court Cr.Misc. No.31544 of 2017 (2) dt.17-07-2017 2/2 that there was no repetition of blow.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Motihari Town P.S. Case No. 485 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,
(2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T