Devnan Ram And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47215 of 2017 Arising Out of PS.Case No. -95 Year- 2016 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Devnan Ram, S/o Benga Ram,
2. Dewanti Devi W/o Devnan Ram,
3. Jhingur Ram S/o Late Jangi Ram,
4. Ramadhar Ram S/o Jhingur Ram,
5. Kanhai Ram S/o Ram Janam Ram,
6. Rakesh Ram S/o Ramayan Ram, All R/o Village- Amwan, P.S.- Pipra, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Krishna Kant Singh For the State : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-10-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Pipra P.S. Case No. 95 of 2016 instituted for the offence under Sections-307, 354 & other minor Sections of the Indian Penal Code.
It is submitted that there is case and counter case between the parties. The petitioner No. 2 has lodged Pipra P.S. Case No. 96 of 2017 against husband and son of the informant. In the instant case, there is allegation against petitioner No. 1 of assaulting the husband of the informant with Fasuli on the neck. There is general and omnibus allegation against other petitioners. It has been submitted that the informant was treated in a private clinic and
Patna High Court Cr.Misc. No.47215 of 2017 (2) dt.12-10-2017 2/2 such prescription has been enclosed as Annexure-5 which shows that the injury was sustained on the neck of the injured, which was simple in nature. There is land dispute between the parties. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Pipra P.S. Case No. 95 of 2016 to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari subject to condition as laid down u/S 438(2) of the Cr.P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) A.K.V./- U T