Patna High CourtCR. MISC./45062/2015bail granted

Hira Ram And ORS v. The State Of Bihar

2015-10-15Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45062 of 2015 Arising Out of PS.Case No. -40 Year- 2015 Thana -DHARHARA District- MUNGER ======================================================

1. Hira Ram Son of late Babu Lal Ram

2. Prem Kumar Son of Hira Ram

3. Sonu Kumar Son of Hira Ram

4. Mala Devi Wife of Hira Ram

5. Ranjit Kumar Son of Hira Ram

6. Shobha Devi @ Sobha Devi Wife of Prem Kumar

7. Raja Kumar Son of Hira Ram

8. Subhash Ram @ Subhash Kumar Son of Jawahar Ram .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-10-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 354, 504/34 of the Indian Penal Code and section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The prosecution case is that petitioner nos. 2, 3, 5 and 7 are sons of petitioner no.1 Hira Ram, who used to tease the

Patna High Court Cr.Misc. No.45062 of 2015 (2) dt.15-10-2015 2/2 daughter of the informant, on protest being made the accused persons abused and assaulted the informant.

It is submitted by learned counsel for the petitioners that accusation is omnibus and general and admittedly the occurrence took place inside the house of the informant, which cannot be treated to be a place of public view. There is counter version of the occurrence. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Munger in connection with Dharhara P.S. Case No.40 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T