Patna High Court - Orders
Rita Devi & Ors. vs The State Of Bihar on 14 October, 2015
Author: Ashwani Kumar Singh
Bench: Ashwani Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44700 of 2015
Arising Out of PS.Case No. -43 Year- 2015 Thana -SIMRA District-
WESTCHAMPARAN(BETTIAH)
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1. Rita Devi W/o Sri Ajay Ram
2. Tetri Devi W/o Sri Parmanand Ram
3. Ajay Ram S/o Sri Parmanad Ram
4. Lalji Ram S/o Sri Ramphal Ram
5. Surendra Ram S/o Ramphal Ram All Residents of Village- Nautanwa,
P.S. Semra ,District- West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma
For the Opposite Party/s : Mr. S.Ehteshamuddin(App)
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL ORDER
2 14-10-2015Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Semra P.S. Case No. 43 of 2015 registered under Sections 147, 323, 342, 447, 506, 325 and 307 of the Indian Penal Code.
According to the prosecution case, on 30th July, 2015 at about 6.00 p.m. while the informant was sitting at his door and petitioner no.1 Tetri Devi was sweeping earth from the informant's door towards her own door, the informant's wife Geeta Devi forbade her to do so, all the accused persons forming unlawful assembly, armed with lathi-phatha, came to the door of the informant and started committing marpit with her. It has been Patna High Court Cr.Misc. No.44700 of 2015 (2) dt.14-10-2015 2/3 alleged that one Parmanand gave lathi blow causing injury on the left side of the head of the informant, petitioner no.5 Surendra Ram assaulted and caused fracture injury to the left hand of the informant by means of bamboo-split as a result of which he fell down. The informant's nephew Raj Kumar Ram came to his rescue and he was assaulted by petitioner no.3 Ajay Ram by means of lathi, as a result of which he received injury in his head. Likewise, when his wife Geeta Devi came to his rescue, she was assaulted by Parmanand Ram by means of lathi. It has further been alleged that when the informant's brother Ramji Ram came to his rescue, he was assaulted by petitioner no.4 Lalji Ram by means of lathi causing injury on his person.
It is contended that no case under Section 307 of the Indian Penal Code is made out as there is no allegation that the accused persons ever intended to kill any body. Further, the instant case has been filed as a counterblast to Semra P.S.Case No.44 of 2015 dated 30th July, 2015 registered under Sections 341, 323, 504, 379 and 506/34 of the Indian Penal Code lodged by petitioner no.3 Ajay Ram against the informant and others in which Ajay Ram sustained grievous head injury. It has further been contended that all the offences save and except offences under Sections 325 and 307 of the Indian Penal Code are bailable Patna High Court Cr.Misc. No.44700 of 2015 (2) dt.14-10-2015 3/3 in nature. The only grievous injury caused to the informant was on his left hand which is a non-vital part of the body.
Learned counsel for the informant has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners. However, he does not dispute the fact that there is a counter case too and save and except one injury all other injuries were simple in nature.
Taking into consideration the facts and circumstances of the case, in the event of arrest or surrender before the court below within six weeks from today, the petitioners, namely, Rita Devi, Tetri Devi, Ajay Ram, Lalji Ram and Surendra Ram are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Bagaha, West Champaran in connection with Semra P.S. Case No. 43 of 2015, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J) Pradeep/-
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