Santosh Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6365 of 2017 Arising Out of PS.Case No. -130 Year- 216 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Santosh Ram, Son of Haendra Ram.

2. Ashok Ram, Son of Harendra Ram

3. Harendra Ram, Son of late Munshi Ram, All are resident of VillageBhulai Tola, Paterwa Police Station-Jagdishpur, District-West Champaran.

All are Presently Residing at Village-Kathaiya, Bishunpur,Police Station-Jagdishpur, District-West Champaran. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-04-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Nautan (Jagdishpur) P.S. Case no. 130 of 2016, registered under Sections 147, 148, 149, 341, 323, 324, 379, 307, 504 and 506 of the Indian Penal Code.

The accusation is that five persons named in the F.I.R., including the petitioners, reached at the land of the informant, namely, Chhatu Paswan and forebode to fix the wooden log, when protest was made by the informant then petitioner No.3 Harendra Ram caused injury through 'Dab' at his head and Petitioner No.1 Santosh Ram caused injury to the wife of informant, whereas Petitioner No.2 Ashok

Patna High Court Cr.Misc. No.6365 of 2017 (2) dt.03-04-2017 2/2 Ram caused injury through Dab at the head of Bhola Paswan. Learned counsel for the petitioners submits that the injuries as found on the person of Bhola Paswan, which is attributed by petitioner No.2 Ashok Ram is simple in nature, whereas the injury found on the person of wife of the informant, which is said to be caused by Santosh Ram is also simple in nature, whereas three injuries were found on the person of the informant out of which one injury is grievous in nature.

Having regard to the facts and circumstances of the case and nature of allegation against the petitioner No. 3, above named, I am not inclined to grant anticipatory bail to the petitioner No. 3. Accordingly, the prayer of the petitioner No. 3, namely, Harendra Ram, for grant of anticipatory bail stands rejected. The petitioner No.1, namely, Santosh Ram and Petitioner No.2 Ashok Ram, be released on bail in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate-6th, Bettiah, West Champaran in connection with Nautan (Jagdishpur) P.S. Case No. 130 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T