Dipa Turiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2385 of 2019 Arising Out of PS. Case No.-134 Year-2018 Thana- KAUWAKOL District- Nawada ====================================================== Dipa Turiya, aged about 66 years, Son of Late Ram Sahay Turiya, Resident of Village Bijho, PS Kawakole, District Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepak Kumar, Adv.
For the Opposite Party/s :
Mr. Rajendra Nath Jha (APP 46) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-01-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody since 24.11.2018 in a case registered for the offences punishable under Sections 341, 323, 448, 307, 504 and 34 of the I.P.C. The prosecution case as per the written report of Sundar Devi, submitted to the S.H.O., Kawakole P.S. is to the effect that on 29.06.2018 at about 07.00 A.M., the informant was working in her field, in the meantime, five accused persons including the petitioner entered into the house of the informant and assaulted the pregnant daughter-in-law of the informant. On
Patna High Court Cr.Misc. No.2385 of 2019(2) dt.21-01-2019 2/3 alarm being raised, and the informant came to her house, she found her daughter-in-law in an unconscious condition. Thereafter, she took her daughter-in-law to Kawakole hospital, from where she was referred to Sadar Hospital Nawada. It is further alleged that the accused persons also assaulted the mother of the informant namely, Kari Devi.
It is submitted by learned counsel for the petitioner that the petitioner is a 66 years old person and is agnate of the informant. It is also submitted that in the background of previous land dispute the accusation has been levelled against the petitioner and the accusation is omnibus and general in nature. It is further submitted that the injury caused to the informant side found to be superficial simple in nature. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. It is submitted by the learned APP for the State that the accusation of assault has been levelled against the petitioner. Considering the fact that the accusation is omnibus and general in nature and the injuries caused found to be superficial simple in nature, let the above named petitioner be released on bail, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the
Patna High Court Cr.Misc. No.2385 of 2019(2) dt.21-01-2019 3/3 satisfaction of the learned A.C.J.M.-IV, Nawada in connection with Kawakole P.S. Case No. 134 of 2018.
(Dinesh Kumar Singh, J) Deepak/Rahul/- U T