Arjun Ram @ Arun Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 21707 of 2020 Arising Out of P.S. Case No.-154 Year-2020 Thana-Town District-Muzaffarpur ======================================================
1. Arjun Ram @ Arun Ram
2. Alakh Niranjan Ram, both sons of Gonor Ram, resident of Mohalla Sutapatti, Doma Tola, P.S. Town, District Muzaffarpur ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Chandra Shekhar Anand For the Opposite Party :
Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-08-2020 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Muzaffarpur Town P.S. Case No. 154 of 2020, disclosing the offence punishable under Sections 341, 323, 448, 354-B, 504, 34 of the Indian Penal Code.
Petitioners are full brothers. They are admittedly uncles of the informant, who allegedly entered into the house of the informant and attempted to outrage her modesty. When her brother came to rescue her, informant's cousin poured red chilly powder in her eyes.
It is the petitioners' case that lodging of the present FIR is outcome of a previous enmity because of property dispute in the family. Reference has been made to lodging of a
2/3 complaint case in 2016 by the wife of petitioner no. 2 against father and mother of the informant and another complaint case filed in 2019 by petitioner no. 1 against the informant's side. It is being argued accordingly that false story has been cooked up to implicate these petitioners in the present case. Considering the aforesaid submission and in the light of the fact that parties are on litigating terms from before, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur, in Muzaffarpur Town P.S. Case No. 154 of 2020, subject to the condition as 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. It is also indicated that defects, if any, shall be removed within two months from today.
3/3 Since there is a lockdown, the Court has considered it appropriate to adopt following procedure for communication of the present order:- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.
(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential office for documentation and future use, if any.
(iv) Let a copy of the order be communicated to the learned court below through e-mail or any other appropriate electronic mode by the Registry.
Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social-distancing.
Rajesh/- (Chakradhari Sharan Singh, J) U T