Sitaram Ram @ Sita Ram And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55302 of 2017 Arising Out of PS.Case No. -44 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sitaram Ram @ Sita Ram, son of Ganga Ram,

2. Ramchandra Ram, son of Late Nathuni Ram, Both are residents of village-Raghunathpur, Tola Balganga, P.S. Turkaulia, District-East Champaran.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Umesh Tiwari For the Opposite Party/s : Mr. Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-11-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Turkaulia P.S. Case no. 44 of 2016, registered under Sections 147, 148, 449, 341, 323, 324, 354, 427, 379, 307, 504 and 506 of the Indian Penal Code.

The accusation is that eight persons named in the F.I.R. including the petitioners were cutting maize crops of the informant Sitapati Kuwar, when the informant made protest then Shambhu Ram and Motiram caught hold her and started to cause assault through fist and slaps. At that time, petitioner No.2 Ramchandra Ram gave Tanguri blow at her head causing blood oozing injury and she was dragged near the canal and her clothes were torn. On raising alarm

Patna High Court Cr.Misc. No.55302 of 2017 (2) dt.27-11-2017 2/2 several persons reached there and rescued the informant at that time Langtu Ram snatched silver chain and Hasuli woth of Rs. 20,000/-. Learned counsel for the petitioners submits that, in fact, due to land dispute hot talks were exchanged and in that course informant fell down and sustained slight injury at her body. Further submission is that only two injuries were found on the person of the informant i.e. pain in head and abrasion on right side of parietal region of head and both the injuries are simple in nature, which is detailed in para 6 of the order passed by learned Sessions Judge, Motihari, East Champaran on 03.07.2017 vide ABP No. 1543 of 2017. The petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, 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, Motihari, East Champaran in connection with Turkaulia P.S. Case No. 44 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T