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Patna High CourtCR. MISC./49866/2016disposed

Panna Ram And ORS v. The State Of Bihar

2016-12-13Mr. Justice Birendra Kumar2 pages

Patna High Court Cr.Misc. No.49866 of 2016 (2) dt.13-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49866 of 2016 Arising Out of PS.Case No. -28 Year- 2016 Thana -KUCHILA District- BHABHUA (KAIMUR) ======================================================

1. Panna Ram

2. Sri Bhagwan Ram both sons of Bikrama Ram

3. Govind Ram

4. Bulendra Ram both sons of Tulsi Ram

5. Lalsa Devi wife of Tulsi Ram all residents of village Mukhraw, P.S. Kuchhila, District Kaimur at Bhabua.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s : Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-12-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341/323/307/504/379/354/34 of the Indian Penal Code. During course of assault petitioners, namely, Panna Ram, Govind Ram and Bulendra Ram are alleged to have caused injury at the head of Lilawati Devi, informant and Manna Dhobi son of the informant. The doctor has found injuries on the head of the injureds.

Submission is that the injuries found were simple in

Patna High Court Cr.Misc. No.49866 of 2016 (2) dt.13-12-2016 nature and there is no allegation of repetition of blow. Since petitioners, namely, Panna Ram, Govind Ram and Bulendra Ram, have knowledge that their act might have caused death of the injured, I am not inclined to grant anticipatory bail to these petitioners.

There is general and omnibus allegation against petitioner Nos. 2 and 5, namely, Sri Bhagwan Ram and Lalsa Devi, hence, they are, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua/Successor Court in connection with Kuchhila Police Station Case No.28 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Accordingly, the application stands disposed of. (Birendra Kumar, J) Mkr./- U T