Baijnath Ram @ Baidhyanath Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47980 of 2017 Arising Out of PS.Case No. -65 Year- 2017 Thana -GAUNAHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Baijnath Ram @ Baidhyanath Ram, S/o Bharat Ram,

2. Bharat Ram, S/o Late Dasarath Ram,

3. Kanahiya Ram @ Kanhai Ram, S/o Late Dasarath Ram,

4. Banarsi Ram, S/o Kanahiya Ram @ Kanhai Ram, all are R/o villagePohara Lachnauta, P.S.- Gaunaha, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhileshwar Kumar Shrivastva, Advocate For the Opposite Party/s : Smt. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 17-10-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Gaunaha P.S. Case No.65 of 2017 instituted for the offence under Section(s) 341, 323, 379, 384, 504, 506 Indian Penal Code. It has been submitted that occurrence is said to have taken place on 15.06.2017 and the case has been registered on 09.07.2017 after long delay. There is land dispute between the parties. Title Suit No16 of 2017 is pending between the parties. Petitioner No.1, Baijnath Ram, has filed Complaint Case No.1206 of 2015 against the husband of the Informant. In the instant case, there is general and omnibus allegation against the petitioners of assaulting the Informant and

Patna High Court Cr.Misc. No.47980 of 2017 (2) dt.17-10-2017 2/2 demanding Rangdari.

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 Gaunaha P.S. Case No.65 of 2017, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Bettiah, 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