Prince Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48314 of 2019 Arising Out of PS. Case No.-111 Year-2019 Thana- MADANPUR District- Aurangabad ====================================================== Prince Ram, Son of Ram Sundar Ram, Resident of Village-Ghora Dehri, P.S.- Madanpur, District-Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 504 and 307/34 of the Indian Penal Code.

The prosecution case as per the written report of Suresh Yadav submitted to the Station House Officer of Madanpur Police Station is to the effect that on 20.05.2019 at 4.30 P.M. the informant was at his home, in the meantime, the accused persons including the petitioner came variously armed. It is specifically alleged that co-accused Ramchandra Ram assaulted with sword to the brother of the informant, causing cut injury on his right hand and also assaulted the mother of the

Patna High Court CR. MISC. No.48314 of 2019(2) dt.02-08-2019 2/3 informant, Chandrawati Devi.

It is submitted by learned counsel for the petitioner that the specific accusation of assault has been levelled against co-accused Ramchandra Ram, Daulati Devi and Santoshi Ram and not against the petitioner. It is further submitted that in the background of land dispute, the accusation has been levelled and there is a counter version of the occurrence also being Aurangabad SC/ST P.S. Case No. 18 of 2019 registered with accusation under Sections 147, 341, 323, 354, 379, 504, 506 of the Indian Penal Code and Sections 3(1) (v)(s) 3(2) (va) of SC/ST (Prevention of Atrocities) Act. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the petitioner is named in the FIR.

Considering the fact that there is no specific accusation of assault levelled against the petitioner and there is a counter version of the occurrence also coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of

Patna High Court CR. MISC. No.48314 of 2019(2) dt.02-08-2019 3/3 twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Madanpur P.S. Case No. 111 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T