Bal Lakhan Prasad @ Bal Lakhan Chamar And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14232 of 2015 Arising Out of PS.Case No. -622 Year- 2011 Thana -BUXAR COMPLAINT CASE DistrictBUXAR ======================================================

1. Bal Lakhan Prasad @ Bal Lakhan Chamar

2. Ram Sajan Ram@Sajjan Chamar Both son of Late Doda Ram Both Resident of Village- Nadoon , P.S- Buxar(M), District- Buxar .... .... Petitioner/s

Versus

1. The State of Bihar .

2. Mannu chauhan S/o Late Shankar Chauhan Both Resident of VillageNadoon , P.S- Buxar(M), District- Buxar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/ : Mr. Arun Kumar Gupta For the Opposite Party/s : Mr. Dr.Indiwar Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-04-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Initially, the complainant lodged Buxar Muffasil P.S.Case No. 52 of 2010 against unknown person for the offences under section 307 and other minor sections of the I.P.C. In the said case, the complainant admitted that on the date of alleged occurrence, he along with others had gone to commit murder of one Hararam Ram but he was caught by the mob and was badly and mercilessly beaten by the mob. The aforesaid case was investigated by the police and after due investigation, police found the accusation true but clueless. The report of the police was not accepted by the court below and the

Patna High Court Cr.Misc. No.14232 of 2015 (2) dt.06-04-2015 2/2 court below proceeded on the basis of complaint cum protest petition no. 622( C) of 2011.In protest cum complaint petition the petitioner and several others were named with accusation that they assaulted the complainant.

The contention on behalf of the petitioners is that on the alleged date of occurrence, petitioner and his associated got injured one Hararam Ram, who subsequently died in course of treatment and the complainant was made accused in respect of murder of Hararam Ram in Buxar Mufassil P.S.Case No. 52 of 2010 and in retaliation of the aforesaid case, the present case has been lodged.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar in Complaint Case No. 622( C) of 2011 , subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Namita/- U T