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Patna High CourtCR. MISC./9504/2016disposed

Jairam @ Jairam Ram And ANR. v. The State Of Bihar

2016-04-13Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9504 of 2016 Arising Out of PS.Case No. -111 Year- 2014 Thana -GOVINDPUR District- NAWADA ======================================================

1. Jairam @ Jairam Ram

2. Mithilesh Ram @ Mithlesh Ram, Both Sons of Late Madhey Ram, Resident of Village - Ektara, P.S. Govidnpur, District Nawada. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate. For the Opposite Party/s : Mr. T.P.Mandal (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-04-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Learned counsel for the petitioners submits that petitioner no. 2 has been arrested by the police, so he seeks permission to withdraw this application against him. Permission is accorded.

Accordingly, this application is dismissed as withdrawn against petitioner no.2.

The petitioner no.1 apprehends his arrest in connection with Govindpur P.S. Case No. 111 of 2014 registered under Sections 147, 148, 149, 341, 323, 307 and 504 of the Indian Penal Code.

The prosecution case is that on 13.11.2014, informant, Kanchan Devi, harvesting the paddy crops in her field then nine persons including the petitioners reached there variously armed with Lathi, Danda, iron rod and Khanti started to abuse her. When she made protest then all accused persons assaulted to her. At that time, petitioner no. 1 Jairam Ram gave iron blow at her head. In the meantime, Ramvilash Ram came there to save her then he was also assaulted by petitioner no. 2 Mithilesh Ram through khanti causing injury at his head.

Learned counsel for the petitioners submits that occurrence took place due to land dispute and harvesting the paddy crops, in which, petitioner no. 1 Jairam Ram was also sustained injury, regarding which, Govindpur P.S. Case No. 112 of 2014 was also instituted by the family members of the petitioner. It is further submitted that while four injuries were found on the person of the informant but all are simple in nature. Considering the aforesaid submissions, let the above named petitioner no. 1 be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four 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., Nawada, in connection with

Govindpur P.S. Case No. 111 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T