Sarban Ram And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.36573 of 2016 (2) dt.16-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36573 of 2016 Arising Out of PS.Case No. -68 Year- 2016 Thana -ASHTHWAN District- NALANDA (BIHARSHARIFF) ======================================================

1. Sarban Ram, son of Nokhu Ram.

2. Sarita Devi, W/o Sarban Ram.

3. Kanchan Devi, D/o Sarban Ram.

4. Chanchala Devi @ Chanchal Devi, D/o Sarban Ram.

5. Sugani Kumari, D/o Sarban Ram, All resident of village and PO + P.S. Asthawan, District- Nalanda.

6. Rajesh Ram, S/o Jamindar Ram, (Damad of Sarban Ram), R/o villageAsthawan P.O. Asthawan P.S.- Asthawan District- Nalanda. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rana Baljit Singh, Advocate. For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-09-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Asthawan P.S. Case No. 68 of 2016 registered under Sections 341, 323, 308, 337, 504 and 338/34 of the Indian Penal Code. The accusation is that when the wife of informant was returning to her house after taking water from the Hand-pump, in the way, accused persons surrounded and told her not to pass through the lane. On protest, petitioners started to assault the wife of informant through bricks and bat. When the informant rushed to save her wife then he and his sister-in-law were also assaulted

Patna High Court Cr.Misc. No.36573 of 2016 (2) dt.16-09-2016 through bricks and bat.

Learned counsel for the petitioners submits that it would appear from the F.I.R. that occurrence took place due to land dispute, in which, petitioners, Sarita Devi, Kanchan Devi, Chanchal Devi also sustained injuries, regarding which, Asthawan P.S. Case No. 67 of 2016 is also instituted under Sections 341, 323, 308, 379, 337 and 338/34 of the Indian Penal Code on the basis of written report of petitioner no. 2, Sharita Devi. It is further submitted that there is general and omnibus allegation against the petitioners to cause injury to the informant, his wife and his sisterin-law. Under the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Bihar Sharif, Nalanda, in connection with Asthawan P.S. Case No. 68 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.