Umesh Ram And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25102 of 2016 Arising Out of PS.Case No. -63 Year- 2015 Thana -JALALPUR District- SARAN ======================================================
1. Umesh Ram, Son of : Laldhar Ram.
2. Sunil Ram, Son of : Muneshwar Ram All Resident of Village: Sabaripuri Tola, P.S. Jalalpur, District: Saran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rekha Prasad, Adv For the Opposite Party/s : Mr. A.Haque Sahara(App) For the informant : Mr. Sachida Nand Rai, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 20-06-2016 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323 and 302 of the Indian Penal Code. The prosecution case is that the eleven FIR named accused persons including the petitioners and 4-5 unknown came to the house of the informant and started abusing and they tried to enter into the house of the father-in-law of the informant. On protest being made they assaulted the father-inlaw of the informant with fists and slaps as a result he sustained injury. When the informant came to rescue she was also being
Patna High Court Cr.Misc. No.25102 of 2016 (2) dt.20-06-2016 2/3 assaulted. The father-in-law of the informant was taken to hospital where he died during treatment.
It is submitted by learned counsel for the petitioners that the accusation is omnibus and general. The specific case in the FIR is that the father-in-law of the informant was taken to PHC but he was never been admitted in the PHC, though, the post-mortem report reflects superficial injuries bruise and abrasion but the cause of death has been ascertained as ventricular failure. It is further submitted that on conclusion of the investigation the petitioners were not sent up for trial but differing with the final form the cognizance has been taken. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.
Considering the fact that the accusation was not found true on conclusion of the investigation and the accusation is assault with fists and slaps is omnibus and general, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.
Patna High Court Cr.Misc. No.25102 of 2016 (2) dt.20-06-2016 3/3 Jalalpur P.S. Case No. 63 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T