Shiv Narayan Ram And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32337 of 2018 Arising Out of PS.Case No. -238 Year- 2018 Thana - BHABHUA District- BHABHUA (KAIMUR) =====================================
1. Shiv Narayan Ram, S/o Late Harinandan Ram,
2. Satyendra Ram,
3. Pradeep Ram Both Sons of Shiv Narayan Ram, All R/o Vill.- Baheri, P.S.- Bhabua, District- Kaimur at Bhabua. .... .... 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 Satyendra Prasad ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-06-2018 The petitioners seek bail in anticipation of their arrest in connection with Bhabua P.S. Case No. 238 of 2018 dated 28.03.2018 instituted for the offences under Sections 436, 429/34 of the Indian Penal Code.
The petitioners are alleged to have set the cattle-shed of the informant on fire, leading to burning and death of a cow and a calf.
The learned counsel for the petitioners has submitted that admittedly the petitioners and the informant had fought over the possession of a pomegranate tree. It has further been submitted that accidentally the thatched cattle shed of the informant got burnt, leading to the loss of the cattle.
Patna High Court Cr.Misc. No.32337 of 2018 (3) dt.29-06-2018 2/2 Taking advantage of the aforesaid occurrence, the petitioners have been falsely implicated in this case.
In support of the aforesaid contention, the learned counsel for the petitioners has drawn the attention of this Court to various paragraphs of the case diary where even the close neighbours of the informant have not stated that the petitioners had set the cattle-shed on fire. In fact, the neighbours of the informant also rushed to extinguish the fire.
Considering the aforestated facts, the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today are directed to be released on bail on their 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, Kaimur at Bhabua in connection with Bhabua P.S. Case No. 238 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Ashutosh Kumar, J) Shageer/- U T