Bhorik Ram And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34353 of 2016 Arising Out of PS.Case No. -1 Year- 2016 Thana -RAMGARH District- BHABHUA (KAIMUR) ======================================================

1. Bhorik Ram S/o Bechu Ram,

2. Jai Prakash Ram Son of Ram Nagina Ram, Both are Resident of VillageDeohalia, P.S.- Ramgarh, District- Kaimur (Bhabhua). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramakant Ram, Advocate For the Opposite Party/s : Smt. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-11-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. At the very outset, it is submitted on behalf of the petitioners that during pendency of this petition petitioner No.2 was arrested and, therefore, petitioner No.2 wants to withdraw this petition.

Accordingly, the prayer for anticipatory bail of petitioner No.2, namely, Jai Prakash Ram stands dismissed as withdrawn.

Petitioner No.1 Bhorik Ram apprehends his arrest in connection with Ramgarh P.S. case No.01 of 2016 registered under Section 307 and other minor Sections of the I.P.C. It is alleged that the petitioners and other F.I.R. named accused assaulted the informant and two others, but the First

Patna High Court Cr.Misc. No.34353 of 2016 (3) dt.09-11-2016 2/2 Information Report goes to show that it was co-accused Shashi Ram, who assaulted the informant by means of iron rod causing head injury and in course of investigation while statement of Amit Kumar was recorded, the said witness disclosed that it was coaccused Jai Prakash Ram, who assaulted him. So far as petitioner No.1 is concerned, there is omnibus allegation of assault and snatching the belongings of family members of the informant. Moreover there is case and counter case between the parties and persons from both the parties perhaps sustained injuries.

Considering the aforesaid facts and circumstances as well as submissions of the parties, in the event of arrest/surrender within six weeks from the date of receipt of this order to the concerned court, let the petitioner No.1 above named be released on anticipatory bail 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, Kaimur in connection with Ram Garh P.S. case No.01 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.