Suresh Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17395 of 2024 Arising Out of PS. Case No.-77 Year-2023 Thana- JAMOBAZAR District- Siwan ====================================================== Suresh Dubey Son of Late Jagarnath Dubey Resident of vill.-Jalalpur, P.S.- Jamobazar, Distt.-Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyendra Rai, Advocate For the Opposite Party/s :

Mr. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Jamobazar P.S. Case No. 77 of 2023 dated 23.04.2023, instituted for the offence punishable under Sections 341, 342, 447, 323, 325, 307, 504, 506/34 of the Indian Penal Code.

3. The allegation against the petitioner is that he assaulted the informant by slaps and fits.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the investigation officer has submitted the final form bearing Final Form No. 93 of 2023 and exonerated the petitioner, Tara Devi, Sujeet Dubey and Prince Dubey from the accusation levelled against them but the learned Magistrate differing with the final form and took

Patna High Court CR. MISC. No.17395 of 2024(2) dt.19-03-2024 2/2 cognizance against all the accused persons including the petitioner. It is further submitted that there is a case and counter case. Petitioner's side lodged Jamobazar P.S. Case No. 78 of 2023 against the informant and his family members. There is also a land dispute between the parties. Petitioner's side has filed Title Suit No. 566 of 2023 against the informant side which is pending. Lastly, it has been submitted that the petitioner has two criminal cases against him.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Jamobazar P.S. Case No. 77 of 2023 , he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M.- 1st Class, Siwan, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) Sankalp/- U T