Dinanath Ram And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52187 of 2018 Arising Out of PS. Case No.-60 Year-2018 Thana- RASULPUR District- Saran ======================================================
1. Dinanath Ram, Son of Yogeshwar Ram,
2. Luk Chaman Ram @ Lukchuman Ram @ Luxman Ram. Son of Anganu Ram,
3. Shanker Ram, Son of Angnu Ram,
4. Bigan Ram, Son of Baleshwar Ram,
5. Bijesh Ram @ Bijesh Kumar Ram, Son of Harishankar Ram,
6. Punam Kumari, Daughter of Dinanath Ram.
7. Dhurupati Devi, Wife of Dinanath Ram, All are reisdent of Village- Jogiya, P.S.- Rasulpur, District- Saran. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar For the Opposite Party/s :
Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2018 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, 324, 307, 337/34 of the Indian Penal Code.
The prosecution case, in short, is that when the informant was forbade the accused persons including the petitioners not to stack wood at his door, he was assaulted by them.
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
Patna High Court Cr.Misc. No.52187 of 2018(3) dt.05-10-2018 2/2 petitioners. Specific allegation is against the co-accused namely Dudh Nath Ram who is alleged to have assaulted on the head of the informant. As far as petitioners are concerned, there is general and omnibus allegation levelled against them. No specific overt act has been alleged against the petitioners. There is a case and counter case between the parties. The injury attributed against the petitioners are simple in nature. Hence, no offence under Section 307 IPC is made out.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. 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, Saran at Chapra in connection with Rasulpur P.S. Case No. 60 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T