Pintu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51382 of 2019 Arising Out of PS. Case No.-201 Year-2019 Thana- BRAHMPUR District- Buxar ====================================================== 1.

PINTU RAM Son of Shivji Ram 2.

Shivji Ram Son of Suraj Ram 3.

Rekha Devi Wife of Pintu Ram 4.

Shushma Devi Wife of Pappu Ram 5.

Sanjharia Devi Wife of Shivji Ram All are Resident of Village - Baraki Nainijore, Badlaiya Tola, P.S.- Nainijore, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyapal Singh For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-11-2019 The petitioners apprehend their arrest in connection with Brahmpur (Nainijore) P. S. Case No. 201 of 2019 registered under Sections 307, 323, 341, 504 and 506/34 of the Indian Penal Code.

Allegation against the petitioners is that petitioners along with other accused persons assaulted one Dipu Ram, Asha Devi and the informant by means of lathi, danda, pistol, dav etc. Learned counsel appearing on behalf of the petitioners submits that both parties are co-villagers and the dispute between them had arisen due to land dispute. He further submits that there is case and counter case in between the parties

Patna High Court CR. MISC. No.51382 of 2019(3) dt.16-11-2019 2/3 inasmuch as Brahmpur (Nainijore) P.S.Case No. 202 of 2019 has been lodged by petitioner no. 5 against the informant and others. Learned counsel further submits that the side of the petitioners have also received injuries.

On the other hand, learned counsel appearing on behalf of the State, referring to case diary, submits that injuries caused to the informant, Dipu Ram and Asha Devi have been found to be simple in nature.

Having regard to the submissions made by the parties and taking into consideration the fact that both parties are covillagers and there is case and counter case in between the parties and the injuries caused to the informant and others are found to be simple in nature, as such I am inclined to grant anticipatory bail to the petitioners.

Accordingly, the provisional anticipatory bail granted to petitioner nos. 3, 4 and 5 is hereby confirmed. In so far as petitioner nos. 1 and 2 are concerned, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, they are directed to be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned CJM, Buxar in

Patna High Court CR. MISC. No.51382 of 2019(3) dt.16-11-2019 3/3 connection with Brahmpur (Nainijore) P.S.Case No. 201 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T