Bhikham @ Bhikham Ram And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36416 of 2018 Arising Out of PS.Case No. -107 Year- 2018 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ======================================================
1. Bhikham @ Bhikham Ram, Son of Late Bal Kishun Ram,
2. Surendra Ram, Son of Late Bal Kishun Ram, null
3. Hemraj Ram, Son of Bhikham Ram.
4. Kalawati Devi, Wife of Bhikham Ram,
5. Rina Devi, Wife of Surendra Ram, All resident of Village- Chhotaki Chenari, P.S. Sheosagar, District- Rohtas.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-07-2018 Heard the parties.
The petitioners are apprehending their arrest in connection with Sheosagar P.S.case no.197 of 2018 , registered for offences punishable under Sections 3223, 341, 325, 436, 354(A), 504, 506, 307/34 of the Indian Penal Code.
Allegation against the petitioners is of assault to the informant and his family members and there is also allegation of setting the house on fire.
Submission of the learned counsel for the petitioners is that there is case and counter case and except one injury on the hand all the injuries were found to be simple in nature and though there is allegation of setting the hut on fire but the material has come that the hut has been thrown by the informant itself on the land of
Patna High Court Cr.Misc. No.36416 of 2018 (3) dt.23-07-2018 2/2 the petitioners.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM, Sasaram, District Rohtas in connection with Sheosagar P.S.Case No.107 of 2018 dated 23.3.2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T