Jichho Das @ Jichhu Ravidas @ Jichhu Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17636 of 2023 Arising Out of PS. Case No.-250 Year-2021 Thana- SABAUR District- Bhagalpur ====================================================== 1.
JICHHO DAS @ JICHHU RAVIDAS @ JICHHU DAS Son of Lutan Ravidas Resident of Village - Ranga, P.S.- Sabour, District - Bhagalpur. 2.
Anita Devi Wife of Jichho Das @ Jichhu Ravidas Resident of Village - Ranga, P.S.- Sabour, District - Bhagalpur.
3.
Paro Devi @ Parwati Kumari Daughter of Jichho Das @ Jichhu Ravidas Resident of Village - Ranga, P.S.- Sabour, District - Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharda Nand Mishra, Advocate.
For the Opposite Party/s :
Ms. Suman Kumari Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-05-2023 Heard the parties.
Petitioners apprehend their arrest in connection with Sabour (Goradih) P.S. Case No. 250 of 2021 dated 29.9.2021 registered for the offence punishable under Sections 341, 323, 307, 326, 379, 447, 504, 506 and 34 of the Indian Penal Code. As per the First Information Report, on 29.9.2021 in the morning, the informant demanded her money back from the petitioner No. 1 upon which the petitioners including other accused persons armed with weapons arrived at the house of the informant and petitioner No. 1 Jichho Das assaulted upon the head of the husband of the informant with iron rod whereas
Patna High Court CR. MISC. No.17636 of 2023(2) dt.31-05-2023 2/3 petitioner No. 2 bitten the informant's husband with her teeth and Paro Devi (petitioner No.3) and others pelted stones upon them.
Learned counsel for the petitioners submits that dispute has arisen between the parties on the issue of payment of loan amount and there is case and counter case also inasmuch as Sabour P.S. Case No. 249 of 2021 has been lodged against the informant and others by the side of the petitioners. He next submits that the injury caused to the informant's husband has not been brought on record by the Prosecution before this Court or before the learned Sessions Judge.
Regards being had to the submission made by the parties and taking into consideration the materials on record and the fact that both the parties are co-villagers, there is case and counter case between them on the ground of payment of loan amount and no injury report has been brought on record by the Prosecution, I am inclined to grant anticipatory bail to the petitioners.
Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioners, above named, shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of
Patna High Court CR. MISC. No.17636 of 2023(2) dt.31-05-2023 3/3 the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Sabour (Goradih) P.S. Case No. 250 of 2021 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) S.Ali/- U T