Dipu Ram @ Dipu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22162 of 2022 Arising Out of PS. Case No.-451 Year-2020 Thana- CHOUTARWA District- West Champaran ====================================================== 1.
DIPU RAM @ DIPU KUMAR son of Late Mochan Ram Resident of Village - Padari, Police Station - Chautarwa, District - West Champaran. 2.
Pappu Ram @ Pappu Kumar Ram Son of Late Mochan Ram Resident of Village - Padari, Police Station - Chautarwa, District - West Champaran. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anand Kishore Choudhary For the Opposite Party/s :
Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-05-2022 Heard learned counsel for the petitioners and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Chautarwa P.S. Case no. 451 of 2020 instituted for the offence punishable under Sections 341, 323, 325, 307, 379, 447, 448, 427, 504, 506 and 34 of the Indian Penal Code. Prosecution story relates to abuse and assault to the informant and her family members by the petitioners and other co-accused persons.
Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have been
Patna High Court CR. MISC. No.22162 of 2022(2) dt.06-05-2022 2/3 falsely implicated in this case. From perusal of the injury report, which is annexed as Annexure-2 to this petition, it appears that injuries sustained by the informant and his son are simple in nature. It is further submitted by learned counsel for the petitioner that several members of prosecution side have also sustained injury and one person, namely, Sikandar Ram has died and a case has been registered as Chautarwa P.S. Case No. 449 of 2020 under Section 302 IPC against the informant's husband. Only with a view to save the skin from the said case, informant has lodged the present case as a counter blast. Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Chautarwa P.S. Case no. 451 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st ACJM, Bagaha, West Champaran subject to the conditions as laid down under
Patna High Court CR. MISC. No.22162 of 2022(2) dt.06-05-2022 3/3 section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) sushma/- U