Sohan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60582 of 2019 Arising Out of PS. Case No.-345 Year-2019 Thana- KHAGARIA District- Khagaria ====================================================== 1.

SOHAN RAM, aged about 45 years, Male, Son of Late Patori Ram, Resident of Village- Babuaganj Ward No. 4, P.S. and District- Khagaria. 2.

Chandan Ram, aged about 42 years, Male, Son of Prakash Ram, Resident of Village- Babuaganj Ward No. 4, P.S. and District- Khagaria. 3.

Rambali Ram, aged about 40 years, Male, Son of Late Patori Ram, Resident of Village- Babuaganj Ward No. 4, P.S. and District- Khagaria. 4.

Laluwa Ram, aged about 30 years, Male, Son of Late Sunil Ram, Resident of Village- Babuaganj Ward No. 4, P.S. and 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.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-10-2019 Heard both sides.

The petitioners apprehend their arrest in Khagaria P.S. Case No.345 of 2019, registered under Sections 341, 323, 504, 506, 379, 325, 307 and 34 of the Indian Penal Code. The informant disclosed that on 01.05.2019 while he and his wife were sitting in his house, Amit Kumar Ram picked up quarrel with his wife and asked her not to fix window in the wall. When the wife of the informant replied that she is the owner of the land, Amit Ram is said to have assaulted the wife of the informant with butt of pistol. When the informant went to

Patna High Court CR. MISC. No.60582 of 2019(2) dt.16-10-2019 2/3 save, Kumar Gaurav also assaulted the informant with butt of pistol on his nose. The informant alleged that Laluwa Ram, petitioner no.4, Sohan Ram, petitioner no.1, Chandan Ram, petitioner no.2 and Rambali Ram, petitioner no.3 were also participating in the assault. Rambali Ram is said to have snatched ornaments from the possession of the wife of the informant.

Learned counsel for the petitioners submits that specific allegation of assault is against Amit Kumar Ram and Kumar Gaurav. The allegation of theft is ornamental. On account of land dispute, both the sides entered into verbal altercation. Earlier also the informant lodged the case against the petitioners that too on account of land dispute. Taking into consideration the facts that the informant made specific allegation of assault against Amit Kumar Ram and Kumar Gaurav and no allegation of assault is made against the petitioners, 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 C.J.M., Khagaria in connection with Khagaria P.S. Case

Patna High Court CR. MISC. No.60582 of 2019(2) dt.16-10-2019 3/3 No.345 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