Maksudan Ram @ Maksudhan Ram And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58853 of 2018 Arising Out of PS. Case No.-91 Year-2015 Thana- DHANAHA District- West Champaran ======================================================
1. Maksudan Ram @ Maksudhan Ram S/o late Ramjit Ram
2. Pintu Ram S/o Maksudan Ram @ Maksudhan Ram
3. Chandan Kumari @ Chanda Kumari D/o Maksudan Ram @ Maksudhan Ram
4. Lalita Devi @ Lalti Devi w/o Maksudan Ram @ Maksudhan Ram, all residents of village Tamkuha Tar, P.S. Dhanha, District West Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kr Singh No. 1 For the Opposite Party/s :
Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-09-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 147, 149, 341, 323, 504, 302 of the Indian Penal Code.
The prosecution case, in short, is that the accused persons including the petitioners abused and assaulted the informant and his mother by means of lathi. Accused Prem Ram assaulted the father of the informant by means of brick on his stomach, due to which he fell down and then he was taken to the Hospital and in course of treatment he died.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of
Patna High Court Cr.Misc. No.58853 of 2018(2) dt.19-09-2018 2/2 tampering of witnesses alleged against the petitioners. Co-accused Prem Ram is alleged to have assaulted the deceased with brick and after four days in course of treatment the deceased succumbed to the injuries. So far the petitioners are concerned, they are said to have assaulted the informant and his mother. The injury report is Annexure-2 to the present application. The nature of injury is simple. There is no allegation of assault alleged against the petitioners for causing injury upon the deceased.
On behalf of the State, it is 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/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) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Bagaha, District West Champaran in connection with Dhana P.S. case No.91 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T