Mithai Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40813 of 2024 Arising Out of PS. Case No.-60 Year-2024 Thana- CHAND District- Kaimur (Bhabua) ====================================================== 1.
MITHAI RAM, SON OF RAM VRIKSH RAM VILLAGE - NAUWA P.S. - CHAND DISTT. -BHABUA (KAIMUR) 2.
DHARMENDRA KUMAR SON OF JAMUNA RAM VILLAGE - NAUWA P.S. - CHAND DISTT. -BHABUA (KAIMUR) 3.
SAROJ RAM SON OF BABAN RAM VILLAGE - NAUWA P.S. - CHAND DISTT. -BHABUA (KAIMUR) 4.
INDRASANI DEVI WIFE OF MANOJ RAM VILLAGE - NAUWA P.S. - CHAND DISTT. -BHABUA (KAIMUR) 5.
ANIL RAM SON OF JOKHU RAM VILLAGE - NAUWA P.S. - CHAND DISTT. -BHABUA (KAIMUR) 6.
SUKUMARI DEVI WIFE OF ANIL RAM VILLAGE - NAUWA P.S. - CHAND DISTT. -BHABUA (KAIMUR) 7.
DHARMDEV RAM SON OF RAM VRIKSH RAM VILLAGE - NAUWA P.S. - CHAND DISTT. -BHABUA (KAIMUR) 8.
RAMVRIKSH RAM SON OF LATE RAM BARAT RAM VILLAGE - NAUWA P.S. - CHAND DISTT. -BHABUA (KAIMUR) 9.
DINESH RAM SON OF DHARMDEV RAM VILLAGE - NAUWA P.S. - CHAND DISTT. -BHABUA (KAIMUR) 10.
RAJESH RAM SON OF RAJESH RAM VILLAGE - NAUWA P.S. - CHAND DISTT. -BHABUA (KAIMUR) 11.
SUNIL RAM SON OF RAJESH RAM VILLAGE - NAUWA P.S. - CHAND DISTT. -BHABUA (KAIMUR) 12.
SURAJ KUMAR SON OF RAJESH RAM VILLAGE - NAUWA P.S. - CHAND DISTT. -BHABUA (KAIMUR) 13.
JOKHU RAM SON OF LATE LAGAN RAM VILLAGE - NAUWA P.S. - CHAND DISTT. -BHABUA (KAIMUR) 14.
RAM DARAS RAM SON OF SUDAMA RAM VILLAGE - NAUWA P.S. - CHAND DISTT. -BHABUA (KAIMUR) 15.
AKLU RAM SON OF LATE DURFEKAN VILLAGE - NAUWA P.S. - CHAND DISTT. -BHABUA (KAIMUR) 16.
SUDAMA RAM SON OF LATE BAIJNATH RAM VILLAGE - NAUWA P.S. - CHAND DISTT. -BHABUA (KAIMUR) 17.
DULAR RAM SON OF SUDAMA RAM VILLAGE - NAUWA P.S. - CHAND DISTT. -BHABUA (KAIMUR) 18.
MANOJ RAM SON OF LATE FEKU RAM VILLAGE - NAUWA P.S. - CHAND DISTT. -BHABUA (KAIMUR) 19.
RAUSHAN RAM @ RAUNASH RAM SON OF MANOJ RAM VILLAGE - NAUWA P.S. - CHAND DISTT. -BHABUA (KAIMUR) 20.
JAMUNA RAM SON OF LATE RAMNATH RAM VILLAGE - NAUWA
2/4 P.S. - CHAND DISTT. -BHABUA (KAIMUR) 21.
RAMBALI RAM SON OF LATE SUKHU RAM VILLAGE - NAUWA P.S. - CHAND DISTT. -BHABUA (KAIMUR) ... ... PETITIONER/S
VERSUS
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vikash Kumar For the Opposite Party/s :
Mr.Umanath Mishra Mr.Tribhuwan Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-09-2024
1. Heard learned counsel for the petitioners, the learned counsel appearing on behalf of the informant and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 354, 307, 504 and 506 of the Indian Penal Code.
3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on eve of Holi, Jamuna, Ram Nath and Dharmendra started abusing in a drunken state, on objection Jamuna and his son along with other accused persons assaulted her husband and her mother in-law causing injury. Further, accused persons also assaulted Upendra, Mahendra, Uma Shankar, Gunjan and Shiv Pujan by rod causing injury on their
3/4 head and misbehaved with female members, when the male were taken to the hospital for treatment.
4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant with general and omnibus allegation of assault. It is next submitted that altogether 23 persons have been made accused in the instant FIR. It is next submitted that even presuming what has been alleged is true without admitting, in that event, the injury suffered by the injured is simple in nature, which amply demonstrates that the accused persons never had any intention of committing a serious occurrence. It is also submitted that on eve of Holi, there was an altercation in which both side assaulted each other and from the side of the petitioners, Chand P. S. Case No.58 of 2024 was instituted against the informant and his side. It is submitted that at the cost of repetition that the injuries suffered by the injured is simple in nature.
5. Learned A.P.P. as well as the learned counsel appearing on behalf of the informant opposes the anticipatory bail,but then, the learned counsel appearing on behalf of the informant fairly submits that the injury suffered by the injured is simple in nature.
4/4
6. 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 Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV, Kaimur at Bhabua in connection with Chand P. S. Case No.60 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T