Tani Ram And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28043 of 2016 Arising Out of PS.Case No. -208 Year- 2015 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ======================================================
1. Tani Ram Son of Late Munni Ram
2. Pinki Devi Wife of Sanju Ram Both are resident of village - Badara, P.S. Noorsarai, District - Nalanda. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate. For the Opposite Party/s : Mr. Ashok Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-09-2016 Heard both sides.
The petitioners, namely, Tani Ram and Pinki Devi, apprehend their arrest in Noorsarai P.S. Case 208/2015 under Sections 341, 323, 325, 308, 504/34 of the Indian Penal Code. Later on, Section 302 of the Indian Penal Code was added. The informant alleged that when he went to the petitioners to demand his wages, Tani Ram assaulted him with a plank of wood and his daughter-in-law also came and she assaulted the informant. It is submitted that no offence under Section 307 of the Indian Penal Code is made out. It is also submitted that the injury report (Annexure-2) shows that the informant complained of pain all over his body but no visible injury was found. The doctor found the injury to be simple in
Patna High Court Cr.Misc. No.28043 of 2016 (2) dt.02-09-2016 2/2 nature.
Considering the fact that the petitioners are alleged to have thrashed the informant with the plank of wood but no apparent injury, even bruise, was found on the person of the informant, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Nalanda at Biharsharif in Noorsarai P.S. Case No. 208/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Dilip/- U T