Sunny Kr. Ravidas @ Sunny Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34783 of 2023 Arising Out of PS. Case No.-39 Year-2023 Thana- BALRAMPUR District- Katihar ====================================================== Sunny Kr. Ravidas @ Sunny Kumar son of Chattu Ram @ Chhotu Ravidas Village- Malickpur Bawan Patar, Ps- Balrampur Dist- Katihar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Chandini Kumari D/o- Santosh Ravidas Village- Malickpur Bawan Patar, Ps- Balrampur Dist- Katihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Md. Helal Ahmad, Adv.
For the Opposite Party/s :
Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-07-2023 Heard Md. Helal Ahmad, learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Balrampur P.S. Case No. 39 of 2023 registered for the offences punishable under Sections 341, 323, 324 and 307 of the Indian Penal Code.
3. It is alleged that while the informant was doing her household work, in the meantime, the petitioner came in a drunken condition and inflicted injury with blade on her face and neck and also snatched her golden ear rings and fled away.
4. Learned counsel for the petitioner submits that the petitioner and the informant are own relatives and there is a land
Patna High Court CR. MISC. No.34783 of 2023(3) dt.24-07-2023 2/3 dispute resulting into lodging of the present case. He further submits that the occurrence took place at 03:00 PM on 28.02.2023 but the FIR has been instituted on the next day on 01.03.2023. He next submits that as the present FIR is the result of some family feud, hence, the parties have entered into compromise and the informant does not want to proceed any further in the matter. He lastly submits that even as per the allegation, the ingredients are not suffice to constitute any offence, much less under Section 307 of the Indian Penal Code. So far the other Sections of the IPC are concerned, that are bailable in nature.
5. On the other hand, learned counsel for the State opposed the application.
6. Regard being had to the submissions made on behalf of the parties and considering the nature of offence and the relationship between the parties and the fact that there is no injury report on record, coupled with the fair antecedent of the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial
Patna High Court CR. MISC. No.34783 of 2023(3) dt.24-07-2023 3/3 Magistrate, Katihar, in connection with Balrampur P.S. Case No. 39 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, with further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) rohit/- U T