Jitendra Ram And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57724 of 2018 Arising Out of PS. Case No.-51 Year-2018 Thana- AKBARPUR District- Nawada ======================================================
1. Jitendra Ram, Son of Makeshar Ram,
2. Indu Ram, Son of Late Kishori Ram,
3. Awadh Ram, Son of Late Tanik Ram,
4. Nandan Rajbanshi, Son of Pramod Ram.
5. Vikash Ram Son of Birendra Ram,
6. Laljit Ram, Son of Prakash Ram @ Jai Prakash Ram, All are resident of Village- Parto Karhari, Police Station- Akbarpur, District- Nawada.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vibhuti Ranjan Sonvadra For the Opposite Party/s :
Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 323, 324, 307, 337, ,354, 379, 427, 504, 506 of the Indian Penal Code and 4 of POCSO Act. The prosecution case, in short, is that on the eve of Holi, when the informant and others were coming after celebrating agja, the accused persons variously armed assaulted them due to which they sustained injuries.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The
Patna High Court Cr.Misc. No.57724 of 2018(2) dt.09-10-2018 2/2 petitioners have falsely been implicated in the present case. There is a case and counter case between the parties. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, 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 Additional Sessions Judge -I, Nawada in connection with Special Case No. 14/18 (POCSO-05/18) arising out of Akbarpur P.S. Case No. 51 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T