Ram Ayodhya Chauhan And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.60569 of 2018 (3) dt.08-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60569 of 2018 Arising Out of PS.Case No. -198 Year- 2018 Thana -NAVINAGAR District- AURANGABAD ======================================================

1. Ram Ayodhya Chauhan Son of Late Rambrat Chauhan.

2. Ram Ganesh Chauhan Son of Late Rambrat Chauhan.

3. Birendra Chauhan Son of Late Rambrat Chauhan.

4. Sonu Kumar Son of Ram Ganesh Chauhan.

5. Gita Devi Wife of Ram Ganesh Chauhan.

6. Sunita Devi Wife of Ram Ayodhya Chauhan.

7. Rita Devi @ Sarita Devi Wife of Birendra Chauhan. All Resident of Village- Fatharwa Mahuari, Police Station-Nabinagar, District-Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamlendra Pd. Singh For the Opposite Party/s : Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 08.10.2018 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Nabinagar P. S. case no. 198/2018 registered under sections 341, 323, 308, 379 and 504/34 of the IPC. Petitioner nos.1 and 2 are said to have assaulted the informant and her husband by means of Rami and petitioner nos.4, 5 and 6 said to have hurled bricks whereas petitioner no.7 is said to have snatched ornament from the informant. Submission on behalf of the petitioners is that it

Patna High Court Cr.Misc. No.60569 of 2018 (3) dt.08-10-2018 was the prosecution party who assaulted the petitioners for which Nabinagar P. S. case no. 199/2018 was lodged. Learned counsel for the petitioners, further, submits that, as a matter of fact, there is partition dispute between the parties and partition suit is pending since long. He also submits that the impugned order goes to show that injured of this case sustained simple injury and moreover, persons from both sides sustained injury in the alleged occurrence. Considering the aforesaid facts and circumstances as well as submissions of the parties, in the event of arrest/ surrender within six weeks from the date of receipt of this order to the concerned court, let the above named petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in Nabinagar P. S. case no. 198/2018 subject to condition as laid down under section 438(2) of the Cr.P.C. shahid (Hemant Kumar Srivastava,J) U T