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Patna High CourtCR. MISC./55225/2018bail granted

Santosh Ram @ Santosh Kumar Ram And ANR v. The State Of Bihar

2018-10-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55225 of 2018 Arising Out of PS.Case No. -59 Year- 2018 Thana -RASULPUR District- SARAN ======================================================

1. Santosh Ram @ Santosh Kumar Ram, S/o Shri Babu Lal Ram, R/o Vill.- Yogia, P.S.- Rasulpur, District- Saran.

2. Malti Devi W/o Shri Jai Lal Ram, R/o Vill.- Yogia, P.S.- Rasulpur, District- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Kumar Mishra For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 379 & 354(B) and 307/34 of the Indian Penal Code.

The prosecution case, in brief, is that the accused persons including the petitioners having armed with sharp cutting weapon came at the door of the informant and assaulted on the head of sister-in-law of the informant, as a result of which, cut injury was caused on her head.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation

Patna High Court Cr.Misc. No.55225 of 2018 (2) dt.10-10-2018 of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. There is case and counter case between the parties. Both sides sustained injuries in the occurrence. The injury is said to be simple in nature. No offence u/S 307 of the Indian Penal Code is made out. Rest of the offences are triable by Magistrate.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-X, Saran at Chapra in connection with Rasulpur P.S. Case No. 59 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T