Dispute arising out of land acquisition matter had the injuries of gentle and straightforward nature which formed the grounds for allowing the pre-arrest bail to the petitioner: High court Of Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.318120 Arising Out of PS. Case No. 526 Year 2019 Thana MAJHAULIA District West Champaran Pradeep Ram @ Ramayan Ram 40 Y M son of Late Sampurna Ram Sanful Ram 2. Gulshan Kumar @ Pappu Ram 20 Y M son of Sri Pradeep Ram Rajesh Ram @ Sandhu Ram @ Sadhu Ram 30 Y M son of Late Sheshman All resident of Village Jaukatia Teliya Tola P.S. Majhaulia District West The State of Bihar ... Petitioner s For the Petitioner s For the Opposite Party s CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH Mr. Umesh Chandra Verma Advocate Mr. Dashrath Mehta APP ... Opposite Party s Date : 26 03 2021 Heard Mr. Umesh Chandra Verma learned counsel for the petitioners and Mr. Dashrath Mehta learned Additional Public Prosecutorfor the 2. The petitioners apprehend arrest in connection with Majhaulia PS Case No. 5219 dated 06.10.2019 instituted under Sections 341 323 324 354 B 447 448 379 504 34 of the Indian Penal Code 3. The allegation against the petitioners is general and omnibus and specifically against the petitioner no. 1 that he was Patna High Court CR. MISC. No.318120 dt.26 03 2021 the order giver petitioner no. 2 of tearing the clothes of the informant’s daughter and against petitioner no. 3 of assaulting with Dabiya on the head of the son of the informant. 4. Learned counsel for the petitioners submitted that there is land dispute which is admitted in the FIR itself and actually the informant’s side was the aggressor for which the petitioner no. 1 has lodged Majhaulia PS Case No. 5119 on 01.10.2019 itself i.e. the date of occurrence even for the present case but the present case has been lodged after six days on 06.10.2019. Learned counsel submitted that the injuries are very minor and simple in nature and there is no explanation why after six days the FIR was lodged which clearly has been done to somehow create a defence to get over the case filed by the petitioner no. 1 against the informant’s husband and sons Learned counsel submitted that the petitioners do not have any criminal antecedent. 5. Learned APP from the case diary submitted that there is allegation of assault and also trying to outrage the modesty by tearing clothes. However it is not controverted that injuries are mild abrasion and simple in nature. 6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties in Patna High Court CR. MISC. No.318120 dt.26 03 2021 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 of the Code of Criminal Procedure 1973 and furtherthat one of the bailors shall be a close relative of the petitioners that the petitioners and the bailors shall execute bond with regard to good behaviour of the petitioners and 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 7. It shall also be open for the prosecution to bring any violation of the foregoing conditions of bail by the Patna High Court CR. MISC. No.318120 dt.26 03 2021 petitioners to the notice of the Court concerned which shall take immediate action on the same after giving opportunity of hearing to the petitioners 8. The application stands disposed off in the (Ahsanuddin Amanullah J J. Alam 

Summary: The petitioner was alleged to have committed assault against the informant. The Court accepted the appeal for bail after considering the facts and circumstances to be not so grave. It was seen that the disputed matter contained wounds of gentle nature and was straightforward. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Aniket Singh v. The State of Bihar[Criminal Miscellaneous No. 37686 of 2020].  The applicant was apprehended arrest regarding a Case, established under Sections 341, 323, 324, 354-B, 447, 448, 379, 504/34 of the Indian Penal Code. The claim against the solicitors is general and omnibus and explicitly against applicant no. 1 that he was the requesting provider; solicitor no. 2 of tearing the garments of the source’s little girl and against candidate no. 3 of attacking with Dabiya on the top of the child of the witness. Learned direction for the candidates presented that there is a land question which is conceded in the actual FIR and the witness’ side was the assailant for which the applicant no. 1 has held up a case. From the case journal, it was presented that there is the claim of attack and attempting to shock the humility by tearing garments. Nonetheless, it isn’t disputed that wounds are gently scraped spot and straightforward. The court gave orders that the candidates will likewise give an endeavor to the Court that they will not enjoy any unlawful/crime, act infringing upon any law/legal arrangements, mess with the proof or impact the observers. Any infringement of the agreements of the bonds or the endeavor will prompt scratch-off of their bail bonds. The applicants will collaborate for the situation and be available under the steady gaze of the Court on every single date. Inability to coordinate or being missing on two successive dates, without adequate reason, will likewise prompt abrogation of their bail bonds. The Hon’ble High Court Of Patna held that the petitioner shall be allowed pre-arrest bail after considering all facts and circumstances.