Kapileshwar Ram vs The State Of Bihar
2021 Latest Caselaw 1038 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No. 31731 of 2020
        Arising Out of PS Case No.-102 Year-2020 Thana- BASOPATTI District- Madhubani
     ======================================================

1. Kapileshwar Ram, aged about 62 years, Male, Son of Shri Jailal Ram.

2. Jagarnath Ram, Male, aged about 63 years, Son of Late Haridev Ram.

Both residents of Village-Mehtarpatti, PS-Basopatti, District-Madhubani.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Thakur with Ms. Vaishnavi Singh, Advocates For the State : Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 20-02-2021

Heard Mr. Ajay Kumar Thakur, learned counsel along

with Ms. Vaishnavi Singh, learned counsel for the petitioners and

Mr. Yogendra Kumar Singh, learned Additional Public Prosecutor

(hereinafter referred to as the 'APP') for the State.

2. The petitioners apprehend arrest in connection with

Basopatti PS Case No. 102 of 2020 dated 29.05.2020, instituted

under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian

Penal Code.

3. The allegation against the petitioners and six others

had given repeated blows on the informant, his son and son-in-law

due to some dispute with regard to putting up of Nadi. Patna High Court CR. MISC. No.31731 of 2020 dt.20-02-2021

4. Learned counsel for the petitioners submitted that

though there is an allegation of repeated assault by sword, farsa

and other weapons, but the injury report discloses only one wound

at the back of the neck on one of the victims and another scratch

on the back of the head and besides that there is no other injury. It

was submitted that there is a counter case also and the genesis of

the occurrence is that one of the injured i.e., the son-in-law of the

informant had entered the house of the petitioners and tried to

outrage the modesty of one of the womenfolk which led to some

fight. Learned counsel submitted that the petitioner no. 1 is aged

62 years and petitioner no. 2 is 60 years which itself makes it

highly improbable that they would also actively take part in the

assault when other male members are already present and are

alleged to have attacked the victim. Learned counsel submitted

that the petitioners have no other criminal antecedent, being

neighbour of the informant.

5. Learned APP submitted that the petitioners also took

part in the assault. However, he could not controvert the fact that

the injury discloses that only two injuries were found on the so

called victim which does not corroborate the allegation that eight

persons had given repeated blows with deadly weapons.

Patna High Court CR. MISC. No.31731 of 2020 dt.20-02-2021

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioners be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each

with two sureties of the like amount each to the satisfaction of the

learned Judicial Magistrate, First Class, Madhubani in Basopatti

PS Case No. 102 of 2020, subject to the conditions laid down in

Section 438(2) of the Code of Criminal Procedure, 1973 and

further, (i) that one of the bailors shall be a close relative of the

petitioners, (ii) that the petitioners and the bailors shall execute

bond with regard to good behaviour of the petitioners, and (iii)

that the petitioners shall also give an undertaking to the Court that

they shall not indulge in any illegal/criminal activity, act in

violation of any law/statutory provisions, tamper with the

evidence or influence the witnesses. Any violation of the terms

and conditions of the bonds or the undertaking shall lead to

cancellation of their bail bonds. The petitioners shall cooperate in

the case and be present before the Court on each and every date.

Failure to cooperate or being absent on two consecutive dates,

without sufficient cause, shall also lead to cancellation of their bail

bonds.

Patna High Court CR. MISC. No.31731 of 2020 dt.20-02-2021

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T