Raju Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39189 of 2019 Arising Out of PS. Case No.-370 Year-2018 Thana- GARKHA District- Saran ====================================================== Raju Das Son of Late Sitaram Das, Resident of Village - Phulwariya, P.S.- Garkha, Dist.- Saran (Chapra).
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Kishor Mishra For the Opposite Party/s :
Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-06-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
In this case, the petitioner is seeking anticipatory bail in connection with Garkha P.S. Case No. 370 of 2018 registered for offence punishable under sections 147, 148, 149, 341, 323, 324, 326, 307 and 504 of the Indian Penal Code. Allegation has been made that the aunt of the informant had lodged the criminal case against the accused persons whereupon they came and asked to withdraw the case lodged against them and later on allegation has been made against the petitioner to have caused injury by lathi upon the person of a lady and when the informant went to pacify the situation whereupon Kundan Ram brought acid and put the same on the head of Sudarshan Ram, who felt burn,
Patna High Court CR. MISC. No.39189 of 2019(2) dt.27-06-2019 2/3 inasmuch as Lalita Devi also received burn injury as a result of which she started crying. A large number of persons assembled and tried to pacify the situation. The incident has taken place on account of transaction of money.
The learned counsel for the petitioner submits that against the petitioner, only allegation has been made to have caused injury to the victim on his head. He further submits that there is specific allegation of sprinkling acid upon Sudarshan Ram against Kundan Ram, not the petitioner and injury report does not corroborate assault on head.
Looking to the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-XIV, Chapra, District-Saran in connection with Garkha P.S. Case No. 370 of 2018, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not
Patna High Court CR. MISC. No.39189 of 2019(2) dt.27-06-2019 3/3 induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(Shivaji Pandey, J) Mahesh/- U T