Ram Bahadur Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54989 of 2016 Arising Out of PS.Case No. -92 Year- 2016 Thana -KHANPUR District- SAMASTIPUR ======================================================

1. Ram Bahadur Ram, son of Faguni Ram,

2. Bipul Ram @ Vipul Ram @ Bijul Ram @ Bijli Ram,

3. Sanjay Ram Son of Sajivan Ram

4. Shrawan Ram, Son of Ram Bahadur Ram.

5. Kala Devi, Wife of Sajivan Ram.

6. Pania Devi, Wife of Ram Bahadur Ram.

7. Sima Devi, Wife of Bipul Ram @ Bijul Ram, resident of VillageShobhan, P.S. Khanpur, District- Samastipur. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Jha For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-01-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Khanpur P.S. Case no.92 of 2016, registered under Sections 341, 323, 354, 307, 379 and 504/34 of the Indian Penal Code. The accusation is that on the Khatihani land of the informant accused-petitioners Sanjiwan Ram and Ram Bahadur Ram started constructing house, when informant Shanti Devi made protest then all the accused persons assaulted her by means of lathi, Danda and iron rod. When Anita Devi, Gotni of the informant, came to save her then she was also assaulted by the accused persons and her golden Mangalsutra worth of Rs. 15000/- was also snatched by them.

Patna High Court Cr.Misc. No.54989 of 2016 (2) dt.09-01-2017 2/2 Learned counsel for the petitioners submits that, in fact, the petitioners and informant are close agnates and due to land dispute hot talks and scuffle took place in which informant fell down and sustained injuries. Moreover, the injuries found on the person of Anita Devi, Gotni of the informant, is simple in nature caused by hard and blunt substance, whereas out of four injuries of informant injury Nos. 2,3 and 4 are simple in nature and injury No.1 is swelling of right foot is grievous due to fracture.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M. Samastipur in connection with Khanpur P.S. Case No. 92 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T