Ram Sharan Muni @ Ashok Mandal @ Muni And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22272 of 2018 Arising Out of PS.Case No. -340 Year- 2017 Thana -BHAWANIPUR District- PURNIA ======================================================

1. Ram Sharan Muni @ Ashok Mandal @ Muni, S/o Late Gobardhan Muni,

2. Pano Devi W/o Chakradhar Muni,

3. Dukha Muni S/o Late Gobardhan Muni,

4. Kala Devi @ Kalawati Devi W/o Ram Sharan Muni,

5. Sulochana Devi @ Sulena Devi W/o Ashok Muni,

6. Amrika Devi @ Amrita Devi W/o Raj Kishore Muni,

7. Rupa Devi W/o Heldhar Muni, All are resident of Parasmony , P.S.- Bhawanipur, District- Purnea. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate For the State : Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 27-04-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Bhawanipur P.S. Case No.340 of 2017 registered under Sections 147, 148, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioners that there is case and counter case due to family feud on account of land dispute. It is further contended that all the Sections except Section 307 of the Indian Penal Code are bailable in nature and the

Patna High Court Cr.Misc. No.22272 of 2018 (2) dt.27-04-2018 2/2 doctor, who examined the injured persons opined the injuries found on the injured persons to be simple in nature. It is also contended that the injuries are alleged to have been caused by fists and slaps and, thus, the ingredients of Section 307 of the Indian Penal Code would not be attracted.

On the other hand, learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioners on the ground that five members of the prosecution party have sustained injuries in the alleged incident.

Considering the nature of allegation and the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released 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 learned Chief Judicial Magistrate, Purnea in connection with Bhawanipur P.S. Case No.340 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T