Binda Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1987 of 2015 Arising Out of PS.Case No. -453 Year- 2014 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Binda Devi, W/o Raju Ram
2. Raju Ram S/o Kishori Ram Both resident of Village - Rampur, P.S. - Laukariya, District - West Champaran.
3. Awadhesh Ram, Son of Vijayi Ram, resident of Village - Tiwari Tola Ward No. 18, P.S. Bagaha, District - West Champaran. .... .... Petitioners
Versus
The State of Bihar. .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Anand Kishore Choudhary, Adv. For the Opposite Party/s : Mr. Anil Kr.Singh, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-05-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioner no. 1 namely, Binda Devi has been granted anticipatory bail vide order dated 19.01.2015 by this Hon'ble Court in this application. So far the petitioner nos. 2 and 3 are concerned. They are apprehending their arrest in connection with Bagaha P.S. Case No. 453 of 2014 registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code.
The prosecution case as per the informant Ramsube Sahani is that on 02.11.2014 at 6.10 P.M. when the informant was standing on his door, the petitioners came there and started abusing him. The informant made protest, resultantly, Raju Ram (Petitioner No.2) gave a blow on his head with the iron-rod, which caused head injury. When the younger brother of the informant came to save him, the
Patna High Court Cr.Misc. No.1987 of 2015 (4) dt.06-05-2015 2/2 petitioner no. 3 namely, Awadhesh Ram inflicted farsa blow on the head of the informant As a result of the injury, the informant fell down. On hulla, the Bhabho of the informant came then wife of Raju Ram assaulted the informant's Bhabho due to which she also sustained head injury. During the occurrence, Raju Ram took out Rs. 4,000/- from the pocket of the informant and petitioner no. 3 namely, Awadhesh Ram took out Rs. 2200/- from the pocket of the informant's brother. There is a counter case for the said occurrence on the same day. The injury report as is evident from para 30, 31 and 32 of the case diary has been found to be simple in nature and there is no repetition of the blows.
In the facts and circumstances as stated above, the petitioner nos. 2 and 3 namely, Raju Ram and Awadhesh Ram be released on anticipatory bail in the event of their arrest or surrender within a period of 12 weeks from today on execution of bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Bagaha P.S. Case No. 453 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Nilu Agrawal, J.) Vats/- U