Rampurkar Singh @ Rampukar Raut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14824 of 2024 Arising Out of PS. Case No.-212 Year-2023 Thana- BASOPATTI District- Madhubani ====================================================== Rampurkar Singh @ Rampukar Raut, Son of Late Banshilal Singh @ Vanshlal Singh R/o Village- Mehtarlpatti, P.S.- Basopatti, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhavesh Kumar Sah, Advocate For the Opposite Party/s :
Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner is apprehending his arrest in connection with Basopatti P.S. Case No. 212 of 2023 registered for the alleged offences under Sections 323, 341, 379, 354(B), 308, 504, 506/34 of the Indian Penal Code.
3. As per prosecution case, the petitioner and other coaccused persons surrounded the informant and assaulted her with Dabiya on her head causing injury and bleeding. The occurrence took place in the background of some land dispute.
4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. For an occurrence dated 16.09.2023, the FIR was lodged on 25.09.2023 and there is no explanation for the delay of eight
Patna High Court CR. MISC. No.14824 of 2024(2) dt.14-03-2024 2/3 days and it shows the prosecution story is false and concocted. For the occurrence of same date, the daughter of the petitioner has also lodged a case against the informant's side vide Basopatti P.S. Case No.213 of 2013 under Sections 341, 323, 379, 325, 307, 504, 506/34 of the Indian Penal Code. The entire family members of the petitioner have been made accused in this case. The injury report of the informant shows the injuries are simple though they are on head, but it is also apparent that there was no intention to cause death or any serious injury. The petitioner is having clean antecedent.
5. Learned APP opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the simple and non-serious nature of injuries of the informant and further considering the case and counter case between the parties in the background of land dispute and also considering the possibility of false accusation, let the petitioner, above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, 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.14824 of 2024(2) dt.14-03-2024 3/3 satisfaction of learned Additional Chief Judicial Magistrate-V, Madhubani, in connection with Basopatti P.S. Case No. 212 of 2023, subject to the conditions mentioned in Section 438(2) of the Cr.P.C. and the following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) V.K.Pandey/- U T