Guddu Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48395 of 2015 Arising Out of PS.Case No. -14 Year- 2015 Thana -NARARI KALA KHURD DistrictAURANGABAD ======================================================
1. Ram Swarup Pal Son of late Halkhori Pal resident of Village Nararikala P.s Nararikala Khurd, District Aurangabad(Bihar) .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.51066 of 2015 Arising Arising Out of PS.Case No. -14 Year- 2015 Thana -NARARI KALA KHURD DistrictAURANGABAD ======================================================
1. Saman Pal son of Late Sita Ram Pal, Resident of village- Tetrahat, P.S. Navinagar, District- Aurangabad .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.51083 of 2015 Arising Out of PS.Case No. -14 Year- 2015 Thana -NARARI KALA KHURD DistrictAURANGABAD ======================================================
1. Guddu Kumar son of Shri Shambhu Singh
2. Hira Lal son of Shri Shambhu Singh
3. Baijnath Singh son of Late Ram Briksh Singh all resident of Village Narari Kalan P.S. Narari, District- Aurangabad (Bihar). .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.48395 of 2015) For the Petitioner/s : Mr. Ambika Bhagat
2/4 For the Opposite Party/s : Mr. L.K.Sharma(App) (In Cr.Misc. No.51066 of 2015) For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Nagendra Prasad (App) (In Cr.Misc. No.51083 of 2015) For the Petitioner/s : Mr. Sushil Kumar Singh For the Opposite Party/s : Mr. Md.Nazir Ansari(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-02-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.
The petitioner in Criminal Miscellaneous No. 48395 of 2015, namely, Ram Swarup Pal, the petitioner in Criminal Miscellaneous No. 51066 of 2015, namely, Saman Pal and the petitioners in Criminal Miscellaneous No. 51083 of 2015, namely, Guddu Kumar, Hira Lal and Baijnath Singh are apprehending their arrest in connection with Nararikala (Khurd) P.S. Case No. 14 of 2015, registered for offences punishable under Sections 147, 149, 341, 323, 325, 307, 427, 302 and 504 of the Indian Penal Code. Learned counsel for the petitioners submits that the present case has been lodged by the Baratis against the Sharatis as one member of the Barati had been injured. It is submitted that a scuffle ensued between the parties at the time of Dwarpuja, in which the Barati had started making an unusual demand which was not honoured by the Sharati people. As a consequence, the
3/4 Barat party took away the bridegroom resulting in altercation between the parties. Learned counsel for the petitioners submits that in the said altercation, one person got injured and subsequently succumbed to his injuries after two days. It is submitted that it was only, thereafter, the present F.I.R. was lodged, naming all family members including some of the covillagers and relatives, petitioners are amongst the said persons so named.
Learned counsel appearing on behalf of the State submits that the informant was also injured in the said scuffle which took place between the parties.
Considering the nature of allegations made and that no specific role has been attributed to these petitioners and also that the cause of death cannot be saddled on their shoulder and attributed to them, let all the 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/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad
4/4 in connection with Nararika Khurd P.S. Case No. 14 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjana Mishra, J) sunil/- U T