MAHINDRA RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision petition is directed against the order dated 14.3.1997 passed by Judicial Magistrate 1st Class, Muzaffarpur, in Complaint Case No. 545 of 1996, Tr. No. 423/97, by which the learned Magistrate has cancelled the bail of the petitioners granted to them on 24.10.1996.

(2.) The short facts of the case are that the Opposite Party No. 2 filed a complaint petition bearing No. 545/96 on 12.4.1996 in the Court of Chief judicial Magistrate, Muzaffarpur against the Petitioners alleging therein that the Opposite Party No. 2 had grown maize crop in the field near the house of the accused petitioners. On 11.4.1996 Mahendra Ram and Nathu Ram were stealing maize from the said field. The complainant protested against the same. Thereafter, there was an altercation between them. It has been alleged that other petitioners also came there and assaulted the complainant- Opposite party No. 2 with fists and slaps and accused Nathu Ram took out Rs. 200/- from the pocket of the complainant.

(3.) The complainant was examined on solemn affirmation on 29.4.1996 and other witnesses were also examined. Thereafter, cognizance of the offence was taken under Sections 147, 323, 379 and 447 of the Indian Penal Code. Accordingly, the petitioners were summoned on 24.10.1996, they appeared any, they were granted provisional bail.