Anandi Ram And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6232 of 2015 Arising Out of PS.Case No. -139 Year- 2014 Thana -HALSI District- LAKHISARAI ======================================================

1. Anandi Ram

2. Shankar Ram both are S/o Late Punit Ram Both are resident of village - Bandole, Police Station - Halsi, District - Lakhisarai .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. M.Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-02-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Halsi Police Station Case No. 139 of 2014 registered for the offences punishable under Sections 147, 323, 324, 325, 307, 379, 354 of the Indian Penal Code.

Petitioners are named in the first information report with accusation that they assaulted the informant as well as her husband by Lathi and rod. Annexure-3 to this petition reveals that the informant's husband sustained altogether three injuries, out of the aforesaid injuries, one injury which was found on the leg was kept reserved till receipt of the X-Ray report, similarly the informant

Patna High Court Cr.Misc. No.6232 of 2015 (2) dt.18-02-2015 2/2 sustained two injuries and the opinion regarding injuries found on her leg is kept reserved. From perusal of the impugned order it appears that the informant sustained one grievous injury but admittedly, the alleged occurrence took place on 09.11.2014 whereas written report was submitted on 22.11.2014. Learned counsel for the petitioner submits that there is a case and counter case between the parties and persons from both the sides sustained injuries.

In view of the aforesaid facts and circumstances of the case, this petition stands rejected.

However, petitioners are directed to surrender before the court of Chief Judicial Magistrate, Lakhisarai and seek regular bail within four weeks from today and if, they do so the learned court below shall consider the regular bail application of the petitioners on its own merit without being prejudiced by this rejection order, particularly, keeping in mind the factum of delay in lodging the first information report as well as part of the body of the injured on which the injuries are said to have caused to them.

(Hemant Kumar Srivastava, J) Namita/- U