Ramnath Ram And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25761 of 2017 Arising Out of PS.Case No. -302 Year- 2016 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Ramnath Ram, Son of Chandrika Ram,
2. Chandrika Ram, Son of Late Ramlal Ram, Both Resident of VillagePakariya, P.S.- Harsidhi, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-06-2017 The petitioners seek regular bail in connection with Harsidhi P.S. Case No. 302 of 2016, registered for offences punishable under Sections 341, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code.
Allegation against the petitioners is of assault to the informant and his family members.
It has been submitted on behalf of the petitioner that so far allegation against the petitioner no. 1, is concerned, it is alleged that he assaulted the informant, however injury caused to the informant by the said assault was found to be simple in nature. As regards petitioner no. 2, it is alleged that he assaulted the uncle of the informant and injury was found to be grievous in nature,
Patna High Court Cr.Misc. No.25761 of 2017 (3) dt.29-06-2017 2/3 however, the petitioner represented before the police officials with regard to falsity of the injury report, upon which a Medical Board was constituted to examine the injury of the injured, however, despite repeated calls, he did not appear before the Medical Board, as such no definite opinion could be formed with regard to nature of injuries caused to the uncle of the informant. Further petitioners have no criminal antecedents and have been in judicial custody since 05.04.2017.
Heard learned A.P.P. also.
Having heard both sides, considering the facts and circumstances of the case, nature of allegation and the period of custody and also the petitioners have no criminal antecedents, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) each with two sureties of the like amount each to the satisfaction of learned CJM, East Champaran at Motihari in connection with Harsidhi P.S. Case No. 302 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners will not induce any witness
Patna High Court Cr.Misc. No.25761 of 2017 (3) dt.29-06-2017 3/3 or tamper with the evidence.
(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of their bail bonds. (Vinod Kumar Sinha, J) sunil/- U T