Kauleshwar Ram And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10729 of 2017 Arising Out of PS.Case No. -387 Year- 2016 Thana -CHAPRA MUFFASIL District- SARAN ======================================================
1. Kauleshwar Ram, S/o late Ram Ayodhya Ram,
2. Raj Mohan Ram, S/o Kaleshwar Ram,
3. Mudrika Ram, S/o Kailash Ram,
4. Jiut Ram, S/o Kailash Ram,
5. Jairam Ram, S/o Chandradeep Ram, all resident of village- Khalpura Bala, P.S. Chapra Mufassil, District- Saran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. K. M. Joseph, Advocate For the Opposite Party/s : Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 26-04-2017 Heard learned counsel for the Petitioners and the State.
The Petitioners apprehend their arrest in Chapra Muffassil P.S. Case No.387 of 2016 instituted for the offence under Section(s) 323, 324, 341, 504, 379, 307/34 Indian Penal Code.
It has been submitted on behalf of the petitioners that the instant case has been filed by the informant as a defence to the case filed by one Govind Kumar, son of Lallan Ram and grandson of petitioner No.1 vide Chapra Muffasil P.S. Case No.388 of 2016 for the charge of serious crime of murderous attack and assault by the informant and his companion committed
Patna High Court Cr.Misc. No.10729 of 2017 (4) dt.26-04-2017 2/3 against petitioner No.1 and his other family members. It has further been submitted that nine persons have sustained serious injuries from the side of the petitioners in Chapra Muffasil P.S. Case No.388 of 2016 lodged by the grandson of the petitioner No.1 against the informant and others.
From the fard-e-bayan of the instant case, it appears that there is general and omnibus allegation against all these petitioners.
Case diary has been received. Injury reports have been mentioned in para 22, 23, 24, and 25 of the case diary and all the injuries on the person of the injured are found to be simple in nature.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Chapra Muffassil P.S. Case No.387 of 2016, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Chapra (Saran) 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
Patna High Court Cr.Misc. No.10729 of 2017 (4) dt.26-04-2017 3/3 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) JA/- U T