Brijashar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71969 of 2021 Arising Out of PS. Case No.-347 Year-2021 Thana- MUFFASIL District- West Champaran ====================================================== 1.

BRIJASHAR RAM SON OF LATE JHAKAD RAM RESIDENT OF WARD NO 06 , GURWALIA, HARJAN TOLA, P.S- BETTIAH MUFASSIL (MANUAPOOL O.P) DIST- WEST CHAMPARAN 2.

JASIYA DEVI W/O BRIJASHAR RAM @ VIRAJAR RAM RESIDENT OF WARD NO 06 , GURWALIA, HARJAN TOLA, P.S- BETTIAH MUFASSIL (MANUAPOOL O.P) DIST- WEST CHAMPARAN 3.

RANJITA KUMARI W/O LALU RAM RESIDENT OF WARD NO 06 , GURWALIA, HARJAN TOLA, P.S- BETTIAH MUFASSIL (MANUAPOOL O.P) DIST- WEST CHAMPARAN 4.

MOHAN RAM SON OF DUKHI RAM RESIDENT OF WARD NO 07 , HARPURVA, BAGAHI, P.S- JOGAPATTI, DIST- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 324, 307, 354(B), 379, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner nos. 2 and 3 are women and the informant alleges that the accused

Patna High Court CR. MISC. No.71969 of 2021(2) dt.02-08-2022 2/3 persons, including the petitioners, came to his house variously armed and started abusing and when the informant protested, it is alleged Lallu assaulted the informant with a sword causing injury on head, petitioner no.1 assaulted father of the informant with an iron rod causing injury on left hand, thereafter petitioner no. 2 snatched the locket of informant's mother, petitioner no. 3 assaulted the mother of the informant continuously with an iron rod and petitioner no. 4 assaulted informant's mother with bakhua on her ribs and on alarm when the villagers gathered, the petitioners fled away from the place of occurrence.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, the present occurrence took place on account of land dispute, there is a case and a counter-case as would be evident from Annexure2 to the anticipatory bail application. Learned counsel further submits that the injuries have been suffered by both the sides and the injury suffered from the side of the informant is simple in nature as would be evident from Annexure-3 series to the anticipatory bail application, the learned counsel next submits that none of the blows were repeated or else the injuries would have not been simple.

Learned A.P.P. for the State opposes the prayer for

Patna High Court CR. MISC. No.71969 of 2021(2) dt.02-08-2022 3/3 anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory 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 the learned court below where the case is pending/successor court in connection with Bettiah (Mufassil) Manuapool P.S. Case No. 347 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T