Ghura Bin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10203 of 2023 Arising Out of PS. Case No.-608 Year-2022 Thana- BARHARA District- Bhojpur ====================================================== 1.
GHURA BIN Son of Ramnath Bin R/v- Khwashpur, P.S.- Krishnagarh (Barhara), District- Bhojpur, Bihar 2.
BUDHU BIN Son of Harihar Bin R/v- Khwashpur, P.S.- Krishnagarh (Barhara), District- Bhojpur, Bihar ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravindra Kumar, Adv.
For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 04-05-2023
1. Heard learned counsel for the petitioners and the learned APP for the State.
2. Petitioners seek regular bail in connection with Barhara (Krishnagarh) P.S. Case No. 608 of 2022 dated 16.08.2022 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 354B, 448, 379, 504 and 506 of the Indian Penal Code and Section 27 of Arms Act.
3. The main submissions advanced by learned counsel for the petitioners are that the petitioners have fair and clean antecedent and have been languishing in jail since 19.10.2022 and in fact, the son of the informant entered into the house of one namely Rita Devi with an intention to outrage her modesty
Patna High Court CR. MISC. No.10203 of 2023(2) dt.04-05-2023 2/3 and at that time, she and her mother-in-law were only present at their house and when the said Rita Devi raised alarm then the persons of both sides gathered and the alleged occurrence took place and the same was not pre-planned and both the sides sustained injuries and there is case and counter case in between both the parties and several persons of both the parties have been named in the FIRs though, against the petitioner No. 1, there is allegation of having assaulted at the head of the informant by means of iron-rod but it is not alleged that he assaulted the informant repeatedly by the said means and the case of this petitioner comes in the purview of 308 of I.P.C. and against the petitioner No. 2, there is no any specific and serious allegation and against them, the investigation has been completed.
4. Learned APP appearing for the State has opposed the bail prayer.
5. Considering the above submissions and mainly the facts that in between both the parties, there is case and counter case and several persons have been named in the FIR and the investigation has been completed against the petitioners and as per the statement made in para 11 of the petition, both the sides have sustained injuries in the alleged occurrence, in my opinion
Patna High Court CR. MISC. No.10203 of 2023(2) dt.04-05-2023 3/3 the petitioners deserve to a lenient approach of this Court. Accordingly, let the petitioners named-above be enlarged on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Barhara (Krishnagarh) P.S. Case No. 608 of 2022.
(Shailendra Singh, J) annu/- U T