Ratan Devnath v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28525 of 2023 Arising Out of PS. Case No.-28 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.
RATAN DEVNATH SON OF TUNNA DEVNATH RESIDENT OF VILLAGE RULAHI, WARD NO 4, PO RULAHI, PS MUFFASIL, DISTTEAST CHAMPARAN 2.
LALITA DEVI WIFE OF RATAN DEVNATH RESIDENT OF VILLAGE RULAHI, WARD NO 4, PO RULAHI, PS MUFFASIL, DISTT- EAST CHAMPARAN 3.
RINA DEVI @ RINA DEVNATH WIFE OF SINDHU DEVNATH RESIDENT OF VILLAGE RULAHI, WARD NO 4, PO RULAHI, PS MUFFASIL, DISTT- EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pravin Kumar For the Opposite Party/s :
Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2023
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504/34 of the Indian Penal Code.
3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner No.2 and 3 are women and the informant alleges that his nephew disclosed that the accused persons including the petitioner sprinkled kerosene oil on his body and set him ablaze
Patna High Court CR. MISC. No.28525 of 2023(2) dt.25-07-2023 2/3 on the ground that he was in love with the daughter of Sindhu Deonath.
4. The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case. It is next submitted that from perusal of the allegation, as alleged in the F.I.R., it would manifest that there is no specific allegation of committing any overtact against the petitioner. It is next submitted that petitioner No.2 and 3 being related to Sindhu Deonath, who have been implicated and the same applies for petitioner No.1. Learned counsel next submitted that petitioner will not abscond rather will cooperate in the investigation and present themselves as and when required by the Investigating Officer of the case.
5. Learned A.P.P. opposes the bail application.
6. Consideration the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below withing a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum 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, East Champaran, Motihari, in connection with
Patna High Court CR. MISC. No.28525 of 2023(2) dt.25-07-2023 3/3 Muffasil P.S. Case No. 28 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The applications stands allowed.
8. However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned trial Court bringing to its notice that the petitioner, despite giving assurance to this Court are not cooperating in the investigation or are not presenting themselves as and when required, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioners after recording reasons.
9. Let a copy of this order be sent to the concerned Police Station through the learned trial Court. (Satyavrat Verma, J) sanjeev/- U T