Prakash Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53955 of 2019 Arising Out of PS. Case No.-194 Year-2019 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== PRAKASH RAM Son of Bhola Ram Resident of Village - Chaurasiya, P.S.- Mohania, Distt - Kaimur at Bhabhua.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Kant Pandey For the Opposite Party/s :
Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-08-2019 Petitioner seeks bail in anticipation of his arrest in connection with Mohania P.S. Case No. 194 of 2019 registered for the offences punishable under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code.
Prosecution is that an altercation took place between the parties with respect to money transaction in which petitioner is alleged to have assaulted the informant and his wife and there is specific allegation against the petitioner that he assaulted by means of Chapara on the head of wife of informant, causing bleeding injury.
Submission of learned counsel for the petitioner is that FIR itself shows that an altercation took place between the parties and petitioner has no intention to kill any one, as such no case under Section 307 IPC is made out against him and
Patna High Court CR. MISC. No.53955 of 2019(2) dt.28-08-2019 2/2 furthermore the injuries are simple in nature. Heard learned APP also.
In view of above facts and circumstances, let petitioner, in the event of arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabua, in connection with Mohania P.S. Case No. 194 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned. (Vinod Kumar Sinha, J) spal/- U T