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Patna High CourtCR. MISC./51974/2019bail granted

Doma Ram v. The State Of Bihar

2019-08-21Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51974 of 2019 Arising Out of PS. Case No.-96 Year-2019 Thana- PALASI District- Araria ====================================================== 1.

DOMA RAM, aged about 30 years, male, Son of Mahendra Ram Resident of Village - Chouri, P.S.- Palasi, Distt - Araria. 2.

Vinod Ram Son of Mahendra Ram Resident of Village - Chouri, P.S.- Palasi, Distt - Araria.

3.

Amod Ram Son of Mahendra Ram Resident of Village - Chouri, P.S.- Palasi, Distt - Araria.

4.

Bimal Ram Son Mahendra Ram Resident of Village - Chouri, P.S.- Palasi, Distt - Araria.

5.

Madhumala @ Madhu Devi Wife of Doma Ram Resident of Village - Chouri, P.S.- Palasi, Distt - Araria.

6.

Kamni Devi Wife of Vinod Ram Resident of Village - Chouri, P.S.- Palasi, Distt - Araria.

7.

Buchia Devi Wife of Mahendra Ram Resident of Village - Chouri, P.S.- Palasi, Distt - Araria.

8.

Sunita Devi Wife of Amod Ram Resident of Village - Chouri, P.S.- Palasi, Distt - Araria.

... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Mukesh Kumar Rana, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 21-08-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 341, 323, 324, 354B, 379, 504/34 of the Indian Penal Code registered in connection with Palasi P.S. Case No. 96 of 2019.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of quarrel between the children as the parties are neighbours. It is submitted that the injuries are simple in nature. The accusations under Section 354B and 379 of the Indian Penal Code are mere embellishment. The petitioners

Patna High Court CR. MISC. No.51974 of 2019(2) dt.21-08-2019 2/2 claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Araria in connection with Palasi P.S. Case No. 96 of 2019, subject to the conditions as laid down under Section 438

(2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors of each of the petitioners shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner nos. 5, 6, 7 and 8 shall be well represented in Court on each and every date during trial except as and when directed by the learned Court below to be physically present and petitioner nos. 1, 2, 3 and 4 shall remain physically present in Court on each and every date, and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T