Parmanand Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11991 of 2021 Arising Out of PS. Case No.-228 Year-2020 Thana- RANIGANJ District- Araria ====================================================== 1.

PARMANAND CHOUDHARY Son of Late Madan Choudhary Resident of village - Jagta, P.S. - Raniganj, Dist. - Araria. 2.

Shiv Ram Choudhary Son of Pramanand Choudhary Resident of village - Jagta, P.S. - Raniganj, Dist. - Araria.

3.

Bechan Choudhary Son of Parmanand Choudhary Resident of village - Jagta, P.S. - Raniganj, Dist. - Araria.

4.

Jago Devi Wife of Parmanand Choudhary Resident of village - Jagta, P.S. - Raniganj, Dist. - Araria.

5.

Tara Devi Wife of Gunanand Choudhary Resident of village - Jagta, P.S. - Raniganj, Dist. - Araria.

6.

Radha Devi Wife of Bechan Choudhary Resident of village - Jagta, P.S. - Raniganj, Dist. - Araria.

7.

Rita Devi Wife of Shivram Choudhary Resident of village - Jagta, P.S. - Raniganj, Dist. - Araria.

8.

Rubi Devi Wife of Deven Choudhary Resident of village - Jagta, P.S. - Raniganj, Dist. - Araria.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Tarkeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-11-2021 Heard the parties.

Learned counsel for the petitioners is directed to remove the defects as pointed out by the office within a period of four weeks. In the eventuality of non-removal of defects within the stipulated time, office will place the matter before the Bench. The petitioners apprehend their arrest in a case in

Patna High Court CR. MISC. No.11991 of 2021(2) dt.30-11-2021 2/3 connection with Raniganj P.S. Case No.228 of 2020, registered for the offence punishable under Sections 147, 149, 341, 323, 354(B), 379, 447, 504, 506 of the Indian Penal Code. The allegation against the petitioners is that they have abused and assaulted the son of the informant and when the family members came to rescue his son, they were also assaulted. It is alleged that during the scuffle, accused Jago Devi snatched the silver chain and accused Bechan Choudhary tore the cloths of the informant's daughter-in-law. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case on account of land dispute. The alleged occurrence took place on 13.05.

2020 but the FIR has been lodged on 17.05.2020 i.e. after a delay of four days and no any explanation has been advanced for such a delay in lodging the FIR. There is a case and counter-case between the parties and earlier the appellants' side have lodged the FIR against the informant of this case on 14.05.2020, thereafter the present case has been lodged by the informant on 17.05.2020. It is further submitted that both sides are the 'gotiyas' and there is admitted land dispute between them.

Patna High Court CR. MISC. No.11991 of 2021(2) dt.30-11-2021 3/3 general and omnibus in nature. The petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Raniganj P.S. Case No.228 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T