Mahendra Ram & Ors. vs The State Of Bihar on 14 October, 2015

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Patna High Court - Orders

Mahendra Ram & Ors. vs The State Of Bihar on 14 October, 2015

Bench: Dinesh Kumar Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No.42967 of 2015
                  Arising Out of PS.Case No. -134 Year- 2015 Thana -CHAINPUR District- BHABHUA (KAIMUR)
                 ======================================================
                 1. Mahendra Ram Son of Vijan Ram
                 2. Dharmendra Ram Son of Vijan Ram
                 3. Ramawatar Ram Son of Bhubi Ram
                 4. Pappu Ram Son of Kamla Ram
                 5. Kamla Ram Son of Late Sachu Ram
                 6. Bechae Ram Son of Kamla Ram
                 7. Nandlal Ram Son of Vhulai Ram
                 8. Bihari Ram Son of Late Shankar Ram
                 9. Bhola Ram Son of Kamla Ram
                 10. Parayan Ram Son of Ram Surat Ram
                 11. Manoj Ram Son of Prayan Ram
                 12. Shyam Bihari Ram Son of late Shankar Ram
                                                                                .... ....   Petitioner/s
                                                        Versus
                 1. The State of Bihar

                                                                 .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :  Mr. Ajay Nandan Sahay, Advocate
                 For the Opposite Party/s   : Mr. Madhuranand Jha(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
                                                    ORAL ORDER


2   14-10-2015

Initially, it is submitted by learned counsel for the petitioners that he does not want to press this application so far as it relates to petitioner no.5 namely Kamla Ram, hence, this application, as regards to him, has become infructuous.

Heard learned counsels for the petitioners and the State.

Patna High Court Cr.Misc. No.42967 of 2015 (2) dt.14-10-2015

2/3

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147/149/341/323/325/447/504/354 of the Indian Penal Code.

The prosecution case is that the accused persons damaged the stairs of the husband of the informant on protest being made they assaulted the informant and her husband.

It is submitted by learned counsel for the petitioners that the accusation is omnibus and general. The accusation has been levelled in the background of land dispute.

It is submitted by learned counsel for the informant that in the background of dispute earlier also 107 Cr.P.C proceeding was initiated at the instance of the informant. The informant also lodged Chainpur P.S. Case No.94 of 2013 at earlier point of time against the petitioners. Though it is submitted that the petitioners are on bail in the earlier case.

Considering the nature of accusation in the background of land dispute, let the above named petitioners (except petitioner no.5 Kamla Ram) be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Bhabua (Kaimur) in connection Patna High Court Cr.Misc. No.42967 of 2015 (2) dt.14-10-2015 3/3 with Chainpur P.S. Case No.134 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/-

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Patna High Court - Orders