Radha Raman @ Munna v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74259 of 2019 Arising Out of PS. Case No.-226 Year-2019 Thana- ARA MUFFSIL District- Bhojpur ====================================================== 1.
Radha Raman @ Munna, aged about 25 years, Male, Son of Late Subhash Singh, Resident of Village- Manpur, P.S.- Ara Muffasil (Dhobaha O.P.), District- Bhojpur.
2.
Rajiv Ranjan @ Bablu, aged about 23 years, Male, Son of Late Subhash Singh, Resident of Village- Manpur, P.S.- Ara Muffasil (Dhobaha O.P.), District- Bhojpur.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr.Manoj Kumar, Advocate.
For the Opposite Party :
Mrs. Meena Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2019 A supplementary affidavit has been filed on behalf of the petitioners. Let it be kept on the record. Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners are apprehending their arrest in a case for the offence registered under Sections 323, 324, 307, 504 and 506/34 of the IPC.
The prosecution story, in brief, is that on the alleged date and time of occurrence, while the informant was sitting in her courtyard and discussing with her husband and children regarding the theft of Tractor, in the meanwhile, F.I.R. named accused persons residing in the same house, forbade them to
Patna High Court CR. MISC. No.74259 of 2019(2) dt.18-12-2019 2/3 discuss the issue and when protested then accused Manan caught hold of the husband of the informant where as Munna (petitioner no.
1) assaulted the husband of the informant on head but fractured the finger during escape, and when the sons of the informant came to save the informant's husband then accused Manan assaulted Prakash with Lathi on head who sustained injuries and fell down and meanwhile, Bablu and Munna (petitioners) started assaulting repeatedly with Lathi causing injuries on their hand, thigh, back and Manan ordered to kill Vikash Kumar upon which, Bablu assaulted him with Lathi on head and thereupon Vikash was brutally assaulted by Munna and Manan and on alarm when the brother-in-law of the informant, namely, Rahul came to save, he was assaulted by Manan with Lathi and accused Anju, Sanju Devi, Jitan Devi, Pinki Devi, Mala Devi all assaulted the informant brutally and Sanju assaulted on the head of informant causing injury to thumb and other female assaulted the informant by hands and legs and catching and pulling hair.
Hence, the present case. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners.
Patna High Court CR. MISC. No.74259 of 2019(2) dt.18-12-2019 3/3 implicated in the present case. There is case and counter case between the parties. Injury on the accused side has not been explained by the prosecution. Free fight is alleged to have taken place between the parties. Prosecution has not come with clean hands.
On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of 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/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Bhojpur at Ara, in connection with Ara Muffasil (Dhobaha O.P.) P.S. Case No. 226 of 2019.
(Sudhir Singh, J) U.K./- U T