Jai Ram Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12835 of 2018 Arising Out of PS. Case No.-297 Year-2017 Thana- SAHPUR District- Bhojpur ======================================================

1. Jai Ram Ram, Son of Ram Pati Ram.

2. Arjun Ram, Son of Ram Pati Ram.

3. Ram Pati Ram, Son of Late Samu Ram.

4. Aman Ram @ Aman Kumar Ram, Son of Sheo Kumar.

5. Ramesh Ram, Son of Indrashan Ram.

6. Sheo Pati Ram @ Shripati Ram, Son of Late Singhashan Ram.

7. Dhanpati Ram, Son of Late Samu Ram.

8. Gouri Shankar Ram, Son of Late Samu Ram.

9. Santosh Ram, Son of Mahendra Ram.

10. Sri Bhagwan Ram, Son of Late Singhashan Ram. All are Resident of Village- Shivpur, P.S.- Shahpur, District- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sangeet Deokuliar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar -2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-03-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Shahpur P.S. Case No. 297 of 2017 instituted for the offence under Sections 341,323,354A,307,504/34 of the IPC and Section 27 of the Arms Act.

Learned counsel appearing on behalf of the petitioner no. 7 seeks permission to withdraw the anticipatory bail petition, because he has already been arrested. Accordingly, the anticipatory bail petition with regard to petitioner no.7 is dismissed as withdrawn.

Patna High Court Cr.Misc. No.12835 of 2018(2) dt.09-03-2018 2/3 Counsel for the petitioners has submitted that there is case and counter case between the parties. Prior to the present case, petitioner no. 3 has filed Shahpur P.S. Case No. 296 of 2017 against the husband and son of the informant . In the instant case, it is alleged in the written report that petitioner no. 1 has told something to the girl who was accompanying the informant, but her name has not been disclosed. It is also alleged that 10-15 persons were abusing at her house but the name of those persons have not been disclosed nor it is said to whom they were abusing. It has been further submitted that Arjun Ram (petitioner no.2), fired from his country made gun and Jay Ram Ram (petitioner no. 2), fired with country made pistol, but there was no injury found on anybody.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners, named above, except petitioner no. 7, in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Shahpur P.S. Case No.

Patna High Court Cr.Misc. No.12835 of 2018(2) dt.09-03-2018 3/3 subject to condition as laid down u/S 438 (2) of the Cr. P.C. with further conditions (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioners and (3) if the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) khushbu/- U T