Chandrajeet Jaiswal @ Chandrajee Jaiswal @ Chandrajeet Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36069 of 2024 Arising Out of PS. Case No.-43 Year-2024 Thana- RUPAULI District- Purnia ====================================================== 1.

Chandrajeet Jaiswal @ Chandrajee Jaiswal @ Chandrajeet Bhagat Son Of Sri Bindeshwari Prasad Jaiswal Village- Dhobgidha, Ps- Rupuali DistPurnea P/A- Village- Birauli Mangal Chowk, Ps- Rupauli, Dist- Purnea 2.

Rupam Sah @ Rupam Kumari Wife Of Chandrajeet Jaiswal @ Chandrajeet Bhagat Village- Dhobgidha, Ps- Rupuali Dist- Purnea P/A- Village- Birauli Mangal Chowk, Ps- Rupauli, Dist- Purnea 3.

Vijay Sah @ Shiv Shankar Sah Son Of Late Laxman Sah Village- Chaphari, Ps- Rupuali, Dist- Purnea 4.

Chhotu Sah @ Chhotu Kumar Son Of Vijay Sah @ Shiv Shankar Sah Village- Chaphari, Ps- Rupuali, Dist- Purnea 5.

Raja Sah @ Raja Kumar Sah Son Of Vijay Sah @ Shiv Shankar Sah Village- Chaphari, Ps- Rupuali, Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-06-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code. 3.

Learned counsel for the petitioners submits that Petitioner Nos. 2 to 5 are persons with clean antecedent and Petitioner No. 1 has antecedent of one case. It is next submitted that informant is own sister of Petitioner No. 1, and Petitioner

Patna High Court CR. MISC. No.36069 of 2024(2) dt.19-06-2024 2/3 No. 2 is wife of Petitioner No. 1 while Petitioner Nos. 3, 4, and 5 are father and brothers of Petitioner No. 2 respectively. It is further submitted that on account of dispute relating to property, the instant FIR came to be instituted. It is next submitted that informant is also married and she is in habit of interfering in the family affairs of her brother which was objected by the Petitioner No. 2, who is her own bhabhi. It is next submitted that no doubt an altercation had taken place in between Petitioner No. 2 and the informant and both assaulted each other and even Petitioner No. 2 instituted Rupauli PS Case 46 of 2024 under section 341, 323, 379, 504 and 506 of the IPC against the informant.

It is also submitted that no doubt an allegation of assaulting the informant is against Petitioner No. 2 by dabiya but then the nature of injury does not corroborate the nature of assault. It is next submitted that petitioners are not criminals and the family members of Rupam came to be implicated with general and omnibus allegations.

4.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

5.

Considering 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 trial court

Patna High Court CR. MISC. No.36069 of 2024(2) dt.19-06-2024 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Rupauli P.S. Case No. 43 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T