Antima Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9638 of 2017 Arising Out of PS.Case No. -287 Year- 2016 Thana -BAGHA District- WEST CHAMPARAN(BETTIAH) ======================================================
1. Antima Devi, wife of Ashok Ram,
2. Sarita Devi, wife of Nanhak Ram,
3. Basdev Ram, son of Late Mukhlal Ram,
4. Suresh Ram, son of Dodai Ram,
5. Pramod Ram, son of Suresh Ram,
6. Gulla Devi, wife of Suresh Ram,
7. Pappu Ram, son of Suresh Ram,
8. Pradeep Ram @ Pradeep Kumar, son of Suresh Ram, All residents of Village- Naraipur, Police Station- Pathkhauli (Bagaha), District- West Champaran.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Zainul Abedin, Advocate. For the Opposite Party/s : Mr. Parmanand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-05-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Bagaha (Pathkhauli) P.S. Case No. 287 of 2016 instituted for the offence under Sections 341, 323, 307 and 504/34 of the Indian Penal Code. As per written report there is general and omnibus allegation against the petitioners. Petitioners assaulted the informant and her son with lathi, danda.
It has been submitted that there is counter case between the parties. The injury report of the injured has been enclosed as Annexure-3 series which shows that merely abrasion have been found
Patna High Court Cr.Misc. No.9638 of 2017 (5) dt.04-05-2017 2/2 on the person of the injured which is simple in nature caused by hard and blunt substance.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Bagaha (Pathkhauli) P.S. Case No. 287 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bagaha, West Champaran, subject to the conditions as laid down under Section 438 (2) 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.
S.Ali/- (Sanjay Priya, J) U T