Mangal Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28183 of 2019 Arising Out of PS. Case No.-184 Year-2016 Thana- SIKTI District- Araria ====================================================== 1.

MANGAL RAM Son of late Rameshwar Ram Resident of Village -Kauwa Pokhar Ward No. 13, P.S.- Sikty, Distt - Araria. 2.

Ajay Ram @ Ajay Kumar Ram Son of late Rameshwar Ram Resident of Village -Kauwa Pokhar Ward No. 13, P.S.- Sikty, Distt - Araria. 3.

Asha Devi Wife of Mangal Ram Resident of Village -Kauwa Pokhar Ward No. 13, P.S.- Sikty, Distt - Araria.

4.

Pinki Devi Wife of Ajay Ram Resident of Village -Kauwa Pokhar Ward No. 13, P.S.- Sikty, Distt - Araria.

... ... Petitioner/s

Versus

THE STATE OF BIHAR................................... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-05-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sikty P.S. Case No. 184 of 2016, registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 354B, 379, 504, 506 of the Indian Penal Code.

All the accused persons descended at the field of the informant armed with deadly weapons. Accused Pankaj Kumar Roy assaulted on the head of the informant by means of Farsa and other accused persons including petitioner Ajay Ram assaulted the mother and wife of the informant making them nude.

Patna High Court CR. MISC. No.28183 of 2019(2) dt.02-05-2019 2/2 It is submitted by the learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to land dispute. There is no allegation of assault upon the informant against the petitioners, though petitioner Ajay Ram said to have assaulted the wife and mother of the informant making them nude, but the aforesaid allegation levelled against the petitioners is not specific rather general and omnibus in nature. The aforesaid victims have not sustained any injury. 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/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Araria in connection with Sikty P.S. Case No. 184 of 2016 (G.R. No. 4834 of 2018), subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) T.Kr./- U T