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Patna High CourtCR. MISC./57771/2019bail granted

Kallu Ram v. The State Of Bihar

2019-09-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57771 of 2019 Arising Out of PS. Case No.-81 Year-2019 Thana- NAGARNAUSA District- Nalanda ====================================================== 1.

Kallu Ram, Aged about 48 years, Male, Son of Babu Ram, Resident of Village - Har Gopalpur, P.S.- Nagar Nausa, Distt - Nalanda. 2.

Santu Ram, Aged about 28 years, Male, Son of Kallu Ram, Resident of Village - Har Gopalpur, P.S.- Nagar Nausa, Distt - Nalanda. 3.

Vikash Ram, Aged about 21 years, Male, Son of Kallu Ram, Resident of Village - Har Gopalpur, P.S.- Nagar Nausa, Distt - Nalanda. 4.

Vicky Ram, Aged about 24 years, Male, Son of Kallu Ram, Resident of Village - Har Gopalpur, P.S.- Nagar Nausa, Distt - Nalanda. 5.

Raushan Kumar, Aged about 18 years, Male, Son of Kallu Ram, Resident of Village - Har Gopalpur, P.S.- Nagar Nausa, Distt - Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Virendra Ram, Son of Babu Ram, Resident of Village - Har Gopalpur, P.S.- Nagar Nausa, Distt - Nalanda.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Giridhar Gopal Tiwary For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-09-2019 Heard both sides.

The petitioners apprehend their arrest in Nagar Nausa P.S. Case No.81 of 2019, registered under Sections 341, 323, 379, 307, 504, 506 and 34 of the Indian Penal Code. The informant named the petitioners and alleged that they all assaulted the informant and others and snatched Rs.3500/- from his pocket.

Learned counsel for the petitioners submits that the informant is own brother of petitioner no.1 and petitioners no.2 to

Patna High Court CR. MISC. No.57771 of 2019(2) dt.18-09-2019 2/2 5 are sons of petitioner no.1. Some altercation took place but the allegation of assaulting the informant with intention to kill is false. Nothing has been snatched from possession of the informant. Good sense has prevailed between the two brothers and they filed a joint compromise petition.

It appears that the informant is none else than the brother of petitioner no.1. The allegation is that the petitioners assaulted the informant but the injury found on the person of the informant appears to be simple and the petitioners have compromised the case.

Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be enlarged on bail 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 Judicial Magistrate, 1st Class, Hilsa (Nalanda) in connection with Nagar Nausa P.S. Case No.81 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) S.KUMAR/- U T