Ram Pravesh Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35800 of 2020 Arising Out of PS. Case No.-60 Year-2020 Thana- PARWALPUR District- Nalanda ====================================================== 1.

Ram Pravesh Tiwari, aged about 53 years (Male), Son of Late Baij Nath Tiwari, Resident of Village Fatehpur, P.S. Parwalpur, District Nalanda. 2.

Sudhansu Kumari, aged about 52 years (Female), Wife of Ram Pravesh Tiwari, Resident of Village Fatehpur, P.S. Parwalpur, District Nalanda. 3.

Archana Kumari, aged about 24 years (Female) D/o Ram Pravesh Tiwari, Resident of Village Fatehpur, P.S. Parwalpur, District Nalanda. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-03-2021 Heard both sides.

The petitioners apprehend their arrest in Parwalpur P.S. Case No.60 of 2020, registered under Sections 341, 323, 379, 308, 504, 506 and 34 of the Indian Penal Code. The informant alleged that while he was sitting in his house, he came out after hearing the sound of abusing. The informant saw that his uncle, Ram Pravesh Tiwari, petitioner no.1, Sudhansu Kumari, petitioner no.2 and Archana Kumari, petitioner no.3 were present there. They started absuing the informant. Ram Pravesh Tiwari caught him and Sudhansu Kumari, petitioner no.2 assaulted him with a piece of brick. On alarm, the wife of the informant also came but the accused persons assaulted her also and snatched her ornaments from her possession.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.35800 of 2020(2) dt.22-03-2021 2/2 petitioner no.1 is the uncle of the informant. Petitioner No.2 is wife of petitioner no.1 and petitioner no.3 is daughter of petitioner no.1. Some altercation took place on account of family dispute, but the informant lodged the case making false allegation. The injury on the person of the informant is superficial and simple in nature.

Taking into consideration the fact that the uncle and the nephew entered into scuffle with each other and the nephew got one injury on account of assault said to have been made by his aunt, petitioner no.2, but the injury is simple in nature, petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be enlarged on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-Ist, Hilsa, Nalanda in connection with Parwalpur P.S. Case No.60 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) S.KUMAR/- U T