Bhuneshwar Ravidas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17861 of 2023 Arising Out of PS. Case No.-54 Year-2022 Thana- GARHI District- Jamui ====================================================== 1.
BHUNESHWAR RAVIDAS S/O- LACHHO RAVIDAS Village- Kurwatand Ps- Garhi Dist- Jamui 2.
Khiru Ravidas Son of Lachho ravidas Village- Kurwatand Ps- Garhi DistJamui 3.
Suraj Kumar Son of Bhuneshwar Ravidas Village- Kurwatand Ps- Garhi Dist- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Ranjan Singh, Adv.
For the Opposite Party/s :
Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-05-2023 Heard Mr. Prabhat Ranjan Singh, learned counsel for the petitioners and Mr. Akhileshwar Dayal, learned Additional Public Prosecutor for the State.
2. Petitioners apprehend their arrest in connection with Garhi PS Case No. 54/2022 dated 01.11.2020 registered for the offence punishable under Sections 147, 148, 341, 448, 323, 307, 354(B), 379, 427, 506 of the IPC & 3⁄4 of the Prevention of Witch (Daain) Act.
3. As per allegation made in the FIR, petitioners along with other accused persons entered into the house of the informant, dragged her out calling her Daain and
Patna High Court CR. MISC. No.17861 of 2023(2) dt.31-05-2023 2/3 assaulted the informant and her husband by means of iron rod and Katta.
4. Learned counsel for the petitioners submits that the the petitioners have falsely been implicated in this case due to land dispute. He further submits that there is a case and counter case lodged by the side of the petitioners against the informant vide Annexure-2. He next submits that only allegation against the petitioners that they dragged the informant from her house and there is no specific allegation against them that they assaulted the informant and her husband. The accused persons having allegation of assault have been granted anticipatory bail by a Bench of this Court in Cr. Misc. No. 5398/2023 vide order dated 10.04.2023.
5. Regards being had to the submissions made by the parties, taking into consideration the fact that similarly situated accused persons have been granted anticipatory bail by a Bench of this Court, there is a case and counter case between the parties, I am inclined to grant anticipatory bail to the petitioners.
6. Accordingly, let the petitioners, named above, in the event of arrest or surrender within four weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.17861 of 2023(2) dt.31-05-2023 3/3 amount each to the satisfaction of Sri. Ashish Anand, learned Judicial Magistrate- 1st Class, Jamui/successor court in connection with Garhi PS Case No. 54/2022, subject to the condition as laid down under Section 438(2) CrPC. (Anil Kumar Sinha, J) perwez U T