Shashi Kant Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63750 of 2018 Arising Out of PS.Case No. -28 Year- 2018 Thana -FESHAR District- AURANGABAD ======================================================

1. Shashi Kant Ram Son of late Ram swaroop Ram

2. Punam Devi Wife of Shashikant Ram

3. Chanda Devi Wife of Shri Ram Resident of Village-Unthu Tola Ramdhari Bigha, P.S. Fesar Distt.-Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Leelawati Kumari For the Opposite Party/s : Mr. S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 307, 504, 506, 509/34 of the Indian Penal Code.

The prosecution case, in brief, is that on the grazing the straw by she calf, the informant was hurled abuses. It is further alleged that at night, the accused persons went to the house of informant and assaulted him along with his inmates.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The

Patna High Court Cr.Misc. No.63750 of 2018 (2) dt.12-10-2018 petitioners have been falsely implicated in the present case. There is case and counter case between the parties. The injury is said to be simple in nature. No offence u/S 307 of the Indian Penal Code is made out. Rest of the offences are triable by Magistrate. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/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/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Fesar P.S. Case No. 28 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T