Domi Goaswami @ Doman Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26444 of 2019 Arising Out of PS. Case No.-231 Year-2018 Thana- AMAUR District- Purnia ====================================================== 1.

DOMI GOASWAMI @ DOMAN GOSWAMI, Aged about 60 years, male, Son of Late Chamru Goswami 2.

Gopal Goswami @ Gopal Kumar Goswami, Aged about 28 years, Male, Son of Domi Goswami Both are resident of Village - Dagarua, P.S.- Dagarua, District - Purnea 3.

Punam Devi, Aged about 36, Female, Wife of Kameshwar Goswami Resident of Sirotol, P.S.- Amour, District - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-04-2019 Heard both sides.

The petitioners apprehend their arrest in Amour P.S. Case No.231 of 2018 registered under Sections 341, 323, 307, 354, 504 and 34 of the Indian Penal Code.

The informant alleged that her husband requested his sister-in-law, Punam Devi to ask her brother to get the owner book of two wheeler, standing in his name, transferred in the name of her brother who used to carry on contraband and liquor. On such, it is alleged that Punam Devi, the sister-in-law of her husband called her brother, father and others and they assaulted the husband of the informant and when the informant went to

Patna High Court CR. MISC. No.26444 of 2019(2) dt.23-04-2019 2/3 save, she was also assaulted.

The learned counsel for the petitioners submits that petitioner Nos.1 and 2 are father and brother of petitioner No.3, Punam Devi. Kameshwar Goswami, the husband of Punam Devi is own brother of Gautam Goswami(husband of the informant). The husband of the informant allowed Gopal Goswami, brother of Punam Devi to purchase a vehicle in the name of Gautam Goswami but Gautam Goswami asked Punam Devi to get the ownerbook of aforesaid vehicle transferred in the name of Gopal Goswami because Gopal Goswami used to carry on illegal articles such as contraband and liquor on the vehicle on such, some altercation took place between the family members and for that Khusboo Devi lodged the case. It is further submitted that from perusal of the injury report of Gautam Goswami, husband of the informant, it would appear that Gautam Goswami caused three injuries, two are caused by hard and blunt substance and one is caused by sharp edge weapon but all the injuries are simple and superficial in nature. The petitioners are family members and close relative of the informant and her husband.

Taking into consideration the facts aforesaid, let the petitioners, above named, in the event of their arrest or

Patna High Court CR. MISC. No.26444 of 2019(2) dt.23-04-2019 3/3 surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Amour P.S. Case No.231 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T