Ghuran Marik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18138 of 2020 Arising Out of PS. Case No.-10 Year-2020 Thana- LAUKAHA District- Madhubani ====================================================== GHURAN MARIK (Male), aged about 64 years, Son of Late Gudar Marik, Resident of Village - Hingwa, P.S. - Laukaha, District - Madhubani. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Hriday Narayan Harshit, Advocate.

For the Opposite Party :

Mrs. Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-08-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 147, 148, 149, 447, 341, 323, 324, 427, 435, 504 of the IPC and 27 of the Arms Act. The prosecution story, in brief, is that on 10.01.2020 in the night at about 10.15 P.M., all the F.I.R. named accused persons came and started demolishing the wall of the informant. On protest made by the informant, co-accused Ashok Marik and Ajit Marik opened fire upon her. When her Samadhi Raj

Patna High Court CR. MISC. No.18138 of 2020(2) dt.07-08-2020 2/3 Kishore Mahatman came to rescue her, co-accused Ramchandra Marik and Yogendra Marik assaulted him causing head injury. After seeing this, Ghuran Marik (petitioner) set fire in the residential house of the informant and also pelted stones. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. No grievous injury is alleged to have been caused in course of occurrence. Due to petty reason, the alleged occurrence is said to have taken place.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of the learned Judicial Magistrate-Ist Class, Jhanjharpur, Madhubani, in connection with Laukaha P.S. Case No. 10 of 2020, corresponding to G.R. No.

Patna High Court CR. MISC. No.18138 of 2020(2) dt.07-08-2020 3/3 as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T