Ashok Ram @ Ashok Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25742 of 2017 Arising Out of PS.Case No. -87 Year- 2017 Thana -JHAJHA RAIL P.S. District- LAKHISARAI ======================================================
1. Ashok Ram @ Ashok Singh, son of Bhagwan Ram
2. Bhagwan Ram @ Bhagwan Singh, Son of Late Huro Ram @ Lt. Huro Singh.
3. Diwakar Ram @ Diwakar Singh @ Diwakar Kr.Ram Son of Bhagwan Ram
4. Dilip Kumar @ Dilip Ram @ Dilip Son of Bhagwan Ram. All 1 to 4 resident of Village- Kolhua, P.S.- Khaira, District- jamui. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioners : Mr. Yogesh Chandra Verma, Sr. Adv. Mr. Amar Prakash For the State : Mr. Ahmad Ali For the Informant : Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-07-2017 Heard learned Senior Counsel for the petitioners, learned Counsel representing the informant and learned Additional Public Prosecutor appearing on behalf of the State of Bihar.
This application, for grant of anticipatory bail, arises out of Jhajha GRP Case No. 87 of 2017, disclosing offences under Sections 323, 341, 379, 307, 506, 504, 147 and 149 of the Indian Penal Code.
The petitioner no. 2 is the grandfather and petitioner nos. 1, 3 and 4 are uncles of the informant of
Patna High Court Cr.Misc. No.25742 of 2017 (2) dt.10-07-2017 2/3 Mahila (Jamui) Police Station Case N0. 99 of 2015, registered for the offences punishable under Sections 323/341/506/420/498A/34 of the Indian Penal Code. The informant of the present case is the fatherin-law of the informant of the said Mahila (Jamui) Police Station Case No. 99 of 2015. These petitioners have been made accused on the allegation of assault having been made by them, causing injuries.
Learned Senior Counsel appearing on behalf of the petitioners has submitted that it is out of personal vendetta that this First Information Report has been registered. According to him, the injuries have been found to be simple and no offence under Section 307 of the Indian Penal Code can be said to be made out. Learned Counsel for the informant has opposed the prayer and has submitted that medical opinion is still reserved.
However, considering the background in which the First Information Report has been registered, in my view, a case for grant of privilege of anticipatory bail is made out.
This application is, accordingly, allowed.
Let the petitioners, namely, Ashok Ram @ Ashok Singh, Bhagwan Ram @ Bhagwan Singh, Diwakar
Patna High Court Cr.Misc. No.25742 of 2017 (2) dt.10-07-2017 3/3 Ram @ Diwakar Singh @ Diwakar Kumar Singh and Dilip Kumar @ Dilip Ram @ Dilip, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Railway, Kiul, in connection with Jhajha GRP Case No. 87 of 2017, subject to the condition laid down under Section 438
(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √