Amit Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.69993 of 2018 Arising Out of PS. Case No.-162 Year-2018 Thana- SAHPUR District- Bhojpur ====================================================== Amit Ram, Son of Raj Kumar Ram, Resident of Village-Billori, Police Station-Sahpur, District-Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar For the Opposite Party/s :
Mr. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-12-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 323, 324, 341, 307 and 34 of the Indian Penal Code.
The prosecution case, as per the written report of Sangita Kunwar, submitted to the S.H.O. Shahpur is to the effect that on 01.06.2018 she was at her house when all the accused persons including the petitioner, Amit Ram came and asked her to withdraw the three cases earlier lodged by the informant and threatened her. It is further alleged that all the accused persons assaulted the informant with lathi, danda and iron rod. In the meantime, the petitioner, Amit Ram assaulted the informant with farsa on her head causing bleeding injury. When the daughter of the informant came to rescue her, she was also
Patna High Court Cr.Misc. No.69993 of 2018(2) dt.05-12-2018 2/3 assaulted by all the accused persons. It is further alleged that there are few cases also lodged against all the accused persons at earlier point of time.
It is submitted by learned counsel for the petitioner that for the occurrence of 01.06.2018, the FIR was registered on 02.06.2018 and it reached to the Court of learned A.C.J.M., Bhojpur at Ara on 07.06.2018, which suggests that by antedating the FIR has been lodged. It is further submitted that all the injuries are found to be simple in nature caused by hard and blunt substance. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.
It is submitted by learned APP for the State that the petitioner is named in the FIR.
Considering the fact that the accusation has not been corroborated with the medical report, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount
Patna High Court Cr.Misc. No.69993 of 2018(2) dt.05-12-2018 3/3 each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bhojpur at Ara in connection with Sahpur Police Station Case No. 162 of 2018 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T