Suresh Ram And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12435 of 2018 Arising Out of PS.Case No. -131 Year- 2014 Thana -BAHERA District- DARBHANGA ======================================================

1. Suresh Ram, Son of late Bhola Ram,

2. Dinesh Ram, Son of late Bhola Ram, Both Residents of Village- Deoram, Police Station- Bahera, DistrictDarbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate. For the Opposite Party/s : Mr. Tapeshwar Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-04-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Bahera P.S. Case No. 131 of 2014 corresponding to G.R. No. 136 of 2014 instituted for the offence under Sections 341, 342, 323, 307 and 504/34 of the Indian Penal Code.

The allegation against petitioner No. 1 is that he assaulted the informant and his son with iron rod on their head causing head injury. The allegation against petitioner No. 2 is of assaulting family members of the informant.

Case diary has been received.

The injury report is available in the case diary wherein

Patna High Court Cr.Misc. No.12435 of 2018 (3) dt.09-04-2018 2/3 the Doctor has found simple injuries on the person of the informant and other injured.

The Sessions Judge has also mentioned in the impugned order that Doctor has found stitched wound on the head of injured persons.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Bahera P.S. Case No. 131 of 2014, corresponding to G.R. No. 136 of 2014, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Benipur, Distt. Darbhanga, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) 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 date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution

Patna High Court Cr.Misc. No.12435 of 2018 (3) dt.09-04-2018 3/3 will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) S.Ali/- U T