Harendra Ram And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1622 of 2018 Arising Out of PS.Case No. -87 Year- 2017 Thana -SIKTA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Harendra Ram,
2. Baldeo Ram,
3. Ramdeo Ram @ Ramdeo Rao, All are Sons of Late Prasad Ram, R/o Village- Kurshibarwa, P.S.- Sikta, District- West Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Sri Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 11-01-2018 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 308 and 325/34 of the Indian Penal Code. The prosecution case as per the written report of Harun Sheikh is to the effect that on 11.06.2017 at 6.50 A.M. the informant was going to inspect his cane field, in the meantime, the accused persons including the petitioners assaulted the informant and snatched Rs.1,000/-. It is specifically alleged that petitioner no. 3 Ramdeo Ram was armed with knife, while co-accused Rajesh Ram was armed with country made
Patna High Court Cr.Misc. No.1622 of 2018 (2) dt.11-01-2018 2/3 pistol and others were armed with lathi, danda. It is submitted by learned counsel for the petitioners that the investigation has already concluded. The injuries have been found superficial and simple in nature, on non-vital part of the body. It is further submitted that petitioners belong to Scheduled Caste community and earlier three cases were lodged by them against the informant side and there is no specific accusation of assault against the petitioners. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.
It is submitted by learned counsel for the informant that the petitioners misused the privilege of belonging to Scheduled Caste community and they used to lodge frivolous cases and the informant has been assaulted brutally by the petitioners.
Considering the nature of accusation being levelled in the background of three cases earlier lodged by the petitioners' side, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of
Patna High Court Cr.Misc. No.1622 of 2018 (2) dt.11-01-2018 3/3 learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Sikta P.S. Case No. 87 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T