Bishwanath Ram And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37011 of 2017 Arising Out of PS.Case No. -142 Year- 2017 Thana -MADHEPURA District- MADHEPURA ======================================================
1. Bishwanath Ram, son of late Johan Ram,
2. Bahadur Ram, son of late Johan Ram,
3. Anil Ram, son of late Johan Ram,
4. Bindeshwari Ram, son of late Johan Ram, all resident of villageManikpur, Ward No. 2, O.P. Bharrahi, P.S. Madhepura, District Madhepura.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Dr. Sanjay Kumar Singh, Advocate For the Opposite Party/s : Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 02-01-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Madhepura P.S. Case No.142 of 2017 instituted for the offence under Section(s) 341, 323, 324, 325, 354, 379, 504, 506/34 Indian Penal Code.
Counsel for the petitioners has submitted that there is case and counter case between the parties. Injuries have been sustained from both sides. It is further submitted that in the first part of the occurrence, only two persons are named, namely, Indeshwar Ram and Dharmendra Kumar Ram for abusing the wife of the informant and tearing her blouse. In the second part of the occurrence, there is general and omnibus allegation against
Patna High Court Cr.Misc. No.37011 of 2017 (4) dt.02-01-2018 2/2 these petitioners that these petitioners being members of the unlawful assembly assaulted the family members of the informant.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Madhepura P.S. Case No.142 of 2017, they shall be released on anticipatory 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 Chief Judicial Magistrate, Madhepura, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions:
(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) JA/- U T