Partly allowed

Munna Ram @ Munna Kumar Ram And Others v. The State Of Bihar

Patna HC5 Jan 2015CR. MISC./24872/2014

Case brief

AI extract

What is this about?

The Patna High Court rejected the plea for anticipatory bail against petitioners 1 and 2 due to specific allegations of assault causing injury, while granting regular bail conditions for petitioners 3 to 7 lacking specific assault allegations.

What did the court decide?

Anticipatory bail rejected for petitioners 1 and 2; Regular bail granted to petitioners 3 to 7 on execution of bail bonds of Rs.10,000 with two sureties within one month.

Munna Ram @ Munna Kumar Ram And Others Vs The State Of Bihar — Anticipatory Bail | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24872 of 2014

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Arising Out of PS.Case No. -44 Year- 2014 Thana -GUTHNI District- SIWAN

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====================================================== 1. Munna Ram @ Munna Kumar Ram son of Ram Awtar Ram resident of Village Gansharpa, P.S. Nautan Dist. Siwan 2. Bablu Ram Son of Budhu Ram 3. Sony Devi D/o Budhu Ram 4. Shobha Devi D/o Budhu Ram 5. Sachin Ram son of Rampyar Ram 6. Vimlawati Devi D/o RamPyar Ram 7. Sarita Devi D/o Harendra Ram All R/o Panchnerni, P.S. Guthani Dist. Siwan .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ramchandra Sahni For the Opposite Party/s : Mr. Dasrath Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 5 05-01-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Guthani P.S. Case No.44 of 2014 registered for the offence punishable under Sections 341,323,307/34 and 302 of the Indian Penal Code. Allegedly, on 19.3.2014 Guljar Ram went at the place of occurrence where the accused persons were constructing wall in his land. When Guljar Ram asked to stop the work scuffle took place and Ram Pyar Ram gave farsa blow on the informant as

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Patna High Court Cr.Misc. No.24872 of 2014 (5) dt.05-01-2015

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a result of which Guljar Ram received injury and he raised alarm upon which when his son Jai Bhuwan came then petitioner no.1Munna Ram assaulted him with farsa and informant’s younger sone Bhim Rai came then the petitioner no.2 Budhu Rai assaulted him with garansi and the informant’s wife and son Arjun were also assaulted with garansi by Bablu Rai and Sachin Rai. It is also alleged that the informant’s daughter –in-law, grand son,daughter also came there then accused Harendra Rai, petitioner no.3 Soni Devi, petitioner no.4 Shobha Devi, petitioner no.6 Vimlawati Devi and petitioner no.7 Sarita Devi all assaulted with danda and brick bat and later on Guljar Ram died during treatment.

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Submission at the bar is that in the case diary during investigation it has come that there was free fight between both the parties and both sides received injuries. The manner of occurrence as alleged in the F.I.R. has not supported in toto vide paras 14 and 15 of the case diary. The petitioners are not the assailants of Guljar Ram and, as such, they deserve sympathetic consideration for bail to which the learned A.P.P. opposes.

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Considering that against petitioners no.1 and 2, namely, Munna Ram @ Munna Kumar Ram and Bablu Ram there is specific allegation of causing injury with farsa and garansi, and, as such, this Court is not persuaded to grant privilege of

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Patna High Court Cr.Misc. No.24872 of 2014 (5) dt.05-01-2015

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anticipatory bail to petitioners no.1 and 2 and, accordingly, prayer for anticipatory bail of petitioners no.1 and 2 stands rejected.

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But considering that against petitioners no.3 to 7, there is no specific allegation of assault and, as such, they, Sony Devi, Shobha Devi, Sachin Ram, Vimlawati Devi and Sarita Devi, in case of their arrest or surrender before the court below within one month, shall be released on bail on execution of bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the C.J.M., Siwan, in Guthani P.S. Case No.44 of 2014 with condition as laid down under Section 438(2) of Cr.P.C.

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(Jitendra Mohan Sharma, J)

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AnilKrSinha/-

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U T

Munna Ram @ Munna Kumar Ram And Others v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Munna Ram @ Munna Kumar Ram And Others v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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