Pramod Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31970 of 2022 Arising Out of PS. Case No.-207 Year-2020 Thana- CHAKIA District- East Champaran ====================================================== 1.
PRAMOD RAM S/o jagarnath Ram Resident of village- Sugar Mill Ward No. 8, P.S.- Chakiya, District - East Champaran. 2.
Vikash Ram @ Vikash Kumar S/o Pramod Ram Resident of village- Sugar Mill Ward No. 8, P.S.- Chakiya, District - East Champaran. 3.
Vivek Ram @ Vivek Kumar S/o Pramod Ram Resident of village- Sugar Mill Ward No. 8, P.S.- Chakiya, District - East Champaran. 4.
Gayatri Devi W/o Pramod Ram Resident of village- Sugar Mill Ward No. 8, P.S.- Chakiya, District - East Champaran.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Rajendra Prasad Nat, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 452, 379, 384 and 34 of the Indian Penal Code. The informant alleges that petitioners along with 50 accused persons came and started abusing him, further, Vikas (petitioner No. 2) assaulted his son Golu by an iron rod causing injury on head and Vivek assaulted Golu by knife causing cut injury on finger, thereafter, Vikas snatched chain from Bunty, it
Patna High Court CR. MISC. No.31970 of 2022(2) dt.23-11-2022 2/3 is next alleged that petitioners have encroached his land and on protest, occurrence took place and even the accused persons including the petitioners demanded extortion of Rs. 1 lac. Learned counsel for the petitioner submits that petitioners are persons with clean antecedent and petitioner No. 4 is a women.
Learned counsel further submits that petitioners have been falsely implicated in the present case, it is next submitted that from bare perusal of the allegation as alleged in the FIR, it would manifest that on account of dispute relating to land, the present occurrence is alleged to have taken place, it is also submitted that there is allegation against Vivek that he assaulted Golu by knife causing cut injury but it has been specifically stated at Para 10 that there is no injury of informant and Golu Kumar, rather, Doctor examined Vinit who sustained two injuries which is simple in nature and one Manish was also injured and one of the injury of Manish is grievous but is not on the vital part of the body rather is a cut injury on finger.
Learned counsel thus submits that it appears that the informant, with a view to make the case serious, falsely alleged in the FIR that Golu was assaulted by knife.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Patna High Court CR. MISC. No.31970 of 2022(2) dt.23-11-2022 3/3 Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Chakiya P.S. Case No. 207 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) HarshPandey/- U T