Sanatan Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39442 of 2022 Arising Out of PS. Case No.-189 Year-2020 Thana- KHODAWANDPUR District- Begusarai ====================================================== 1.
SANATAN DAS Son of Baldeo Das R/o Village - Sirsi, P.S. - Khodawandpur, District - Begusarai 2.
Pathar Das @ Pathal Das Son of Late Ghutar Das R/o Village - Sirsi, P.S. - Khodawandpur, District - Begusarai 3.
Sole Das Son of Jageshwar Das R/o Village - Sirsi, P.S. - Khodawandpur, District - Begusarai 4.
Pappu Das Mother of Dayawati Devi R/o Village - Sirsi, P.S. - Khodawandpur, District - Begusarai 5.
Dayawati Devi Daughter of Ghutar Das R/o Village - Sirsi, P.S. - Khodawandpur, District - Begusarai 6.
Umesh Das Son of Late Kalpu Das R/o Village - Sirsi, P.S. - Khodawandpur, District - Begusarai 7.
Anita Devi Wife of Pathar Das R/o Village - Sirsi, P.S. - Khodawandpur, District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Advocate For the Opposite Party/s :
Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 307, 379, 504 and 324 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner nos.
Patna High Court CR. MISC. No.39442 of 2022(2) dt.07-12-2022 2/3 5 and 7 are women and the informant (Saddam Hussain) alleges that on 15.09.2020 at 1:00 PM, 12 accused persons including the petitioners, came variously armed and were trying to create a way to which the informant protested and thereafter it is alleged that petitioner nos. 1 and 2 assaulted with farsa on informant's head and thereafter all the accused also assaulted him and petitioner no.1 took Rs. 50,000/- from his pocket and petitioner no.2 took the gold chain from his neck and Amar Das took away his watch.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, it is next submitted that petitioner nos. 1 and 2 are alleged to have assaulted the informant on head by farsa, but then from perusal of injury report it manifests that there was only one injury and the injury was also simple, as such it cannot be alleged that accused had any motive of committing a serious occurrence, it is next submitted that allegation of snatching gold chain and Rs. 50,000/- is ornamental in nature, there is a land dispute between the side of the petitioners and the informant and the allegation of assault with respect to other accused are general and omnibus in nature, it is also submitted that a compromise has also been entered in between the parties on intervention of the well-
Patna High Court CR. MISC. No.39442 of 2022(2) dt.07-12-2022 3/3 wishers.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
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 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 Khodawandpur P.S. Case No. 189 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T