Hareram Ram And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58522 of 2015 Arising Out of PS.Case No. -22 Year- 2015 Thana -FULKAHA District- ARRARIA ======================================================
1. Hareram Ram
2. Jai Prakash Ram, both Sons of Late Bishwanath Ram, Resident of Village- Achera, Verma Tola, P.S.-Fulkaha, District- Araria. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Mandal, Advocate For the Opposite Party/s : Mr. S.D.Singh Yadav, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-01-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application for grant of anticipatory bail arises out of Fulkaha P.S. Case No. 22 of 2015, disclosing offences under Sections 147, 149, 323, 324, 341, 307, 379, 504 and 506 of the Indian Penal Code.
Scuffle between the children of the informant and petitioner no.1 appears to be the genesis of occurrence. Petitioners and informant are said to be full brothers, having some civil dispute also.
It is submitted on behalf of the petitioners that the injuries have been found to be simple in nature caused by hard and
Patna High Court Cr.Misc. No.58522 of 2015 (2) dt.21-01-2016 2/2 blunt substance. He submits that the allegations do not make out an offence under Section 307 of the Indian Penal Code. Considering the nature of accusation and genesis of occurrence, this application is allowed.
Let the petitioner, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Araria, District-Araria in connection with Fulkaha P.S. Case No. 22 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Vats/- U T