Chhotan Ram @ Chhotelal Ram And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33064 of 2016 Arising Out of PS.Case No. -2108 Year- 2012 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ======================================================
1. Chhotan Ram @ Chhotelal Ram S/o Jitu Ram
2. Jokhan Ram S/o Batahu Ram Both are resident of Village- Mirganj P.S. Sitamarhi Distridt Sitamarhi .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 16-01-2017 Heard learned counsel for the petitioners and learned counsel for the State.
Petitioners apprehend arrest in connection with Tr. No. 2707 of 2016 arising out of Complaint Case No. C1-2108 of 2012 registered under Sections- 302/34 of the Indian Penal Code.
The allegation against the petitioners is that they alongwith other accused persons assaulted the informant and thereafter in the night came to his house and took away Rs. 4500/- and when his daughter woke up Chhotan Ram hurled iron Chapua on her neck due to which she died. Learned counsel for the petitioners submits that
Patna High Court Cr.Misc. No.33064 of 2016 (5) dt.16-01-2017 2/2 they have been falsely implicated in this case due to previous enmity. It is further submitted that final form has already been submitted in the case. It is also submitted that present complainant filed two protest petitions one on 30.06.2009 and the other on 18.07.2009, which shows the falsity and concoction of the case.
Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender within a period of four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Tr. No. 2707 of 2016 arising out of Complaint Case No. C1-2108 of 2012 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Arvind Srivastava, J) Manish/- U T