Shiv Kumar Ram @ Sheo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.174 of 2021 Arising Out of PS. Case No.-28 Year-2019 Thana- JALALPUR District- Saran ====================================================== 1.

SHIV KUMAR RAM @ SHEO KUMAR S/o Vishwanath Ram Resident of Vill.- Noor Nagar Kanhi, P.S.- Jalalpur, Distt.- Saran at Chhapra. 2.

Mantu Kumar Ram @ Mantu Ram S/o Ganesh Ram Resident of Vill.- Noor Nagar Kanhi, P.S.- Jalalpur, Distt.- Saran at Chhapra. 3.

Munni Devi W/o Sheo Kumar Ram Resident of Vill.- Noor Nagar Kanhi, P.S.- Jalalpur, Distt.- Saran at Chhapra.

... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Shakil Ahmad Khan, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-08-2021 As prayed for, let the learned counsel appearing for the petitioners remove the defect(s), as pointed out by the office vide its notes dated 31.12.2020, within four weeks of starting of Court proceeding in physical mode in normal course. Heard learned counsel for the petitioners and the learned A.P.P. for the State through video conferencing. The petitioners apprehend their arrest in connection with Jalalpur P.S. Case no. 28 of 2019, registered under Sections 341, 323, 354, 436 and 504/34 of the Indian Penal Code.

The accusation is that in the evening of

Patna High Court CR. MISC. No.174 of 2021(2) dt.17-08-2021 2/3 22.02.2019, Shiv Kumar Ram (Petitioner) was abusing to informant Ranjita Devi, at that time, his son Mantu Kumar Ram, his wife Munni Devi and his mother started to cause assault to her through fist and slaps and laid her on the ground catching her hair. The cause of occurrence is that ten dhur of land, which is situated near the house of Shiv Kumar Ram (Petitioner), was purchased by the informant on 15.11.2017 and when informant tried to construct the house then petitioner made protest.

Learned counsel for the petitioner submits that due to land dispute hot talk exchanged and Marpit took place in which petitioner's side also sustained slight injury regarding which Jalalpur P.S. Case No. 29 of 2019 was instituted under Sections 323, 341 and 504/34 of the Indian Penal Code and Section 3(i) x of SC/ST (POA) Act against informant and her husband Sudarsan Sah on the basis of fardbeyan of Shiv Kumar Ram (Petitioner No.1). The petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail

Patna High Court CR. MISC. No.174 of 2021(2) dt.17-08-2021 3/3 bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Saran at Chapra in connection with Jalalpur P.S. Case No. 28 of 2019, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T