Bhaiya Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48137 of 2017 Arising Out of PS.Case No. -82 Year- 2017 Thana -AKHODHIGOLA District- SASARAM (ROHTAS) ======================================================

1. Bhaiya Ram, son of Late Guru Ram

2. Ramjee Ram, son of Bhaiya Ram

3. Nitu Paswan, son of Late Tapeshwar Paswan

4. Pappu Kumar @ Pappu Ram, son of Late Suresh Ram

5. Nandjee, son of Bhaiya Ram, All residents of Village : Ahibaranpur, P.S. Akorhigola, District Rohtas.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-10-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Akorhigola P.S. Case No. 82 of 2017 registered under Sections 371, 323, 307 and 354(A) of the Indian Penal Code. The accusation is that, in the morning, Shakuntala Devi, wife of the informant, serving fodder to cattle. In the meantime, petitioner nos. 1, 2, 3 and 4, Bhaiya Ram, Ramjee Ram, Nitu Paswan and Pappu Kumar came there and petitioner no. 4, Pappu Kumar caught hold the hand of Shakuntala Devi, wife of informant. On raising alarm, the informant and others

reached there then petitioner nos. 1, 2 and 3 having lathi, tangi and rama started to cause injury to the informant and in that course, Shakuntala Devi, also sustained injury at her head. At that time, his son, Indal also sustained injury at his head whereas petitioner no. 5, Nandjee and Ghanjee caused injury at the leg of the informant.

Learned counsel for the petitioners submits that due to draining water, occurrence of Marpit took place, in which, petitioner nos. 1, 2 and Kamlesh also sustained injury, regarding which, Akorhigola P.S. Case No. 81 of 2017 is also instituted against the informant and his family members, which would appear from annexure 2 to the petition. Further submission is on perusal of the order dated 29.07.2017 passed in ABP No. 1368 of 2017, while the injuries of Shakuntala Devi and Indal are detailed, but injury of informant has not been disclosed. 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 six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Dehri, Rohtas at Sasaram, in connection with Akorhigola P.S. Case

No. 82 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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