The High Court granted bail to two petitioners charged with assault and attempt to murder. The court noted the incident arose from a flash of temper and released them on furnishing a bond with sureties.
Released on bail bond of Rs. 10,000/- with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.55611 of 2017
Arising Out of PS.Case No. -175 Year- 2017 Thana -SAHEBGANJ District- MUZAFFARPUR
====================================================== 1. Ram Prasad Ram, S/o Sri Ram Prit Ram, R/o Village- Pakari Asali, P.S.Sahebganj, Distt.- Muzaffarpur.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Kumar For the Opposite Party/s : Mr. Sri Kalyan Shankar
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
3 09-01-2018 Heard the counsels for the parties.
The petitioners seek bail in connection with Sahebganj P.S. Case No. 175/2017 dated 18.06.2017 instituted for the offences under Sections 341, 323, 324 and 307/34 of the Indian Penal Code.
For a six year old girl having thrown water on the wall of the house of the petitioners, the petitioners are alleged to have assaulted the informant and his son by means of axe and another sharp cutting weapon. The informant as well as his son have received a number of injuries; some of which have been found to be grievous and dangerous to life.
Learned counsel for the petitioners has submitted that
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the occurrence is said to have taken place in a flash of temper, but there was no intention on the part of the petitioners to cause such injuries to the informant and his son. It has further been submitted that the petitioners are repentant and have taken a vow to behave like good neighbours. Petitioner no. 2 is about 70 years of age.
The petitioners are in custody since 20.08.2017 and 04.09.2017 respectively.
Considering the aforesaid facts, the petitioners above named are directed to be released on bail on their furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. (W), Muzaffarpur in connection with Sahebganj P.S. Case No. 175/2017.
(Ashutosh Kumar, J.)
Rakhi
U T
2 issues framed by the court
Whether the petitioners are entitled to bail in connection with PC 341, 323, 324, and 307/34.
Whether the petitioners' age and repentance warrant release on bail.
Ram Prasad Ram
Ram Prit Ram
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
