Ramsharan Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51553 of 2017 Arising Out of PS. Case No.-103 Year-2017 Thana- CHAUTHAM District- Khagaria ======================================================

1. Ramsharan Singh son of Late Chalittar Singh.

2. Ramanand Singh, son of Ramsharan Singh.

3. Arun Kumar Singh son of Ramsharan Singh, All are resident of Village- Nirpur, Police Station- Choutham, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal For the Opposite Party/s :

Mr. SRI RAJESH KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-11-2017 Heard learned counsel for the parties.

The petitioner no. 3 being the husband of the sister of the informant and petitioner nos. 1 and 2 being the father and brother of petitioner no. 3 are apprehending arrest in a case registered for the offences punishable under sections 147,341,323,342,307 and 504 of the IPC.

The prosecution case got initiated with the written report of Prashant Kumar, brother in law (sala) of petitioner no.3, is to the effect that petitioner no. 3 went to the informant's house on his call when he found that petitioner no. 3 was assaulting the sister of the informant namely Guria when the informant made protest, then towel was put around the neck of the informant to throttle him. It is also alleged that co accused Ramanand Singh, Ram

Patna High Court Cr.Misc. No.51553 of 2017(2) dt.09-11-2017 2/3 Sharan Singh, Prema Devi and Chanchal Devi also made assault. It is submitted by learned counsel for the petitioners that for the occurrence of 30.5.2017 at 8 P.M. the FIR was registered on 2.6.2017 which was received in the court of the Incharge CJM on 3.6.2017. It is further submitted that in the background of some dispute the accusation has been levelled. Petitioenr Ram Sharan Singh also filed Complaint Case No. 478C of 2017 against the informant and others. Statement has been made in paragraph 9 of the petition that no injury has been received by the informant.

Considering the fact that neither the informant nor Guria Devi, the sister of the informant has received any injury coupled with the statement made in paragraph 3 of the petition that the petitioners have no criminal antecedent, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned JM Ist Class, Khagaria in connection with Choutham P.S. Case No. 103 of 2017.

The learned court below will accept the bail bonds of the petitioners if the informant or his sister has not received

Patna High Court Cr.Misc. No.51553 of 2017(2) dt.09-11-2017 3/3 grievous injury. In case it is found that the informant or his sister has received grievous injury, the petitioners will surrender and pray for regular bail.

(Dinesh Kumar Singh, J) anil/- U