Gamha Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35210 of 2021 Arising Out of PS. Case No.-162 Year-2020 Thana- DHANAHA District- West Champaran ====================================================== 1.

GAMHA RAM Son of Bipat Ram Resident of Village - Dihi, P.S. Dhanha District - West Champaran.

2.

Mohan Ram Son of Late Bipat Ram Resident of Village - Dihi, P.S. Dhanha District - West Champaran.

3.

Upendra Ram Son of Gamha Ram Resident of Village - Dihi, P.S. Dhanha District - West Champaran.

4.

Mahohar Ram Son of Mahanth Ram Resident of Village - Dihi, P.S. Dhanha District - West Champaran.

5.

Ghaulariya Devi @ Ghaulariya Nusmat Wife of Late Gaya Ram Resident of Village - Dihi, P.S. Dhanha District - West Champaran. 6.

Lalita Devi Wife of Shambhu Ra Resident of Village - Dihi, P.S. Dhanha District - West Champaran.

7.

Kalawati Devi Wife of Mohan Ram Resident of Village - Dihi, P.S. Dhanha District - West Champaran.

8.

Gyanti Devi Wife of Gamha Ram Resident of Village - Dihi, P.S. Dhanha District - West Champaran.

9.

Pramshila Devi Wife of Sriram Ram Resident of Village - Dihi, P.S. Dhanha District - West Champaran.

10.

Sunita Devi Wife of Laljee Ram Resident of Village - Dihi, P.S. Dhanha District - West Champaran.

11.

Pramshila Wife of Manohar Ram Resident of Village - Dihi, P.S. Dhanha District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Gupta, Advocate For the Opposite Party/s :

Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

Counsel for the petitioners is directed to remove the

Patna High Court CR. MISC. No.35210 of 2021(2) dt.12-04-2022 2/3 defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code.

Prosecution case, in short, is that the accused persons including the petitioners variously armed with deadly weapons came and made murderous attack upon the informant. Petitioner Gamha Ram, co-accused Rahul Ram and Paswan Ram caught hold of the informant and co-accused Shambhu Ram gave garasa blow on the head of the informant, due to which he sustained head injury and fell down.

It has been submitted on behalf of the petitioners that the petitioner No.1 to 5 and 7 to 11 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made. No specific overt act is alleged against the petitioners. Specific allegation of assault is against the coaccused, namely, Shambhu Ram. On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R.

Patna High Court CR. MISC. No.35210 of 2021(2) dt.12-04-2022 3/3 Considering the 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/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Dhanha P.S. case No.162/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T