Chanarik Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51296 of 2019 Arising Out of PS. Case No.-107 Year-2019 Thana- OBRA District- Aurangabad ====================================================== 1.
CHANARIK RAM Son of Late Dukhi Ram Resident of Village - Nabnar, P.S.- Obra, District - Aurangabad 2.
Pramod Ram Son of Chanarik Ram Resident of Village - Nabnar, P.S.- Obra, District - Aurangabad 3.
Sunaina Devi Wife of Vinod Ram Resident of Village - Nabnar, P.S.- Obra, District - Aurangabad 4.
Gunjan Devi Wife of Chanarik Ram Resident of Village - Nabnar, P.S.- Obra, District - Aurangabad 5.
Kusum Devi Wife of Pramod Ram Resident of Village - Nabnar, P.S.- Obra, District - Aurangabad ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nivedita Nirvikar For the Opposite Party/s :
Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-08-2019 This application, for grant of anticipatory bail, arises out of Obra P.S. Case No. 107 of 2019, disclosing offences under Sections 147, 149, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code.
Prosecution case is that the accused persons came variously armed and started harvesting the crops of informant and on protest, petitioner no. 1 assaulted on his head by means of Khanti and other petitioners also assaulted him. Submission of learned counsel for the petitioners is
Patna High Court CR. MISC. No.51296 of 2019(2) dt.17-08-2019 2/3 that no specific allegation has been attributed to petitioner nos. 2 to 5 and all the injuries sustained by the informant was found to be simple in nature, except one about which, the opinion has been kept reserved, which has been attributed to petitioner no. 1. Further submission is that there is land dispute between the parties and out of the land dispute this false and concocted case has been lodged.
Heard learned A.P.P. also.
Having heard both sides, considering the facts and circumstances of the case, so far petitioner no. 1 Chanarik Ram, is concerned, I am not inclined to grant him the privilege of anticipatory bail, he may surrender and pray for regular bail, which will be disposed of by the court below on the basis of materials available on record.
So far other petitioners i.e. petitioner nos. 2 to 5 are concerned, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad, in connection with Obra P.S. Case No.
Patna High Court CR. MISC. No.51296 of 2019(2) dt.17-08-2019 3/3 107 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This application is accordingly disposed of.
(Vinod Kumar Sinha, J) sunilkumar/- U T