Badal Ram @ Badal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57136 of 2024 Arising Out of PS. Case No.-597 Year-2023 Thana- MADHUBAN District- East Champaran ====================================================== 1.
Badal Ram @ Badal Son of Parmeshwar Ram 2.
Akhilesh Ram Son of Chulhai Ram 3.
Raghunath Ram Son of Late Bhuneshwar Ram 4.
Kishore Ram @ Ram Kishore Ram Son of Chulhai Ram @ Budhai Ram All are resident of Village - Sheopur Pakadiya, P.S. - Madhuban, DistrictEast Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Pramila Devi Wife of Prichhan Ram Resident of Village -Duma, P.S. - Hirama, District- Sheohar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Abhay Kumar, APP Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-01-2025 Heard learned counsel for the petitioners, learned APP for the State and the learned counsel appearing on behalf of the informant.
2. The learned counsel appearing on behalf of the petitioners after some argument seeks permission to withdraw the anticipatory bail application with respect to petitioner no.1, Badal Ram @ Badal.
3. Permission is accorded.
4. Accordingly, the anticipatory bail application is
2/4 dismissed as withdrawn as against petitioner no.1.
5. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 498(A), 341, 323, 324, 307, 354(B), 379, 504, 34 of the Indian Penal Code in connection with Madhuban P.S. Case No.597 of 2023.
6. The learned counsel for the petitioners next submitted that petitioners are persons with clean antecedent and the informant alleges that her daughter was married to Badal Ram, after marriage the accused persons including the petitioners started demanding of rupees one lakh and for nonfulfillment of the demand her daughter was tortured, in this regard a panchayati was held but accused persons were bent upon the demand, further her son Birendra and Tuntun during the time of 'Chhath' had gone to the house of the petitioners with 'Chhath Prasad', when they saw the victim (their sister) lying on bed in an injured condition when they confronted it is alleged that Badal Ram assaulted the son of the informant by an iron rod causing injury on head and when Tuntun tried to save his brother he too was assaulted, further when informant on information went to get her sons treated he was also assaulted by Ranju, Manisha and Chulbul Devi and Badal snatched the
3/4 bike of the son.
7. The learned counsel appearing on behalf of the petitioners submit that the case was referred for mediation but then mediation failed. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the thrust of the allegation is against Badal Ram. It is next submitted that rest of the petitioners being related to Badal have been implicated with general and omnibus allegation. It is also submitted that whenever any dispute arises in between the husband and the wife the entire family members are implicated in a mechanical manner.
8. The learned APP and the learned counsel appearing on behalf of the informant opposes the anticipatory bail application.
9. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with
4/4 Madhuban P.S. Case No.597 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C. 10.
The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T