Chhathiya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41807 of 2024 Arising Out of PS. Case No.-21 Year-2024 Thana- CHOUTARWA District- West Champaran ====================================================== 1.
CHHATHIYA DEVI WIFE OF LATE BALLI RAM RESIDENT OF VILLLAKSHMIPUR @ LAXMIPUR, P.S.- CHAUTARWA, DISTRICT- WEST CHAMPARAN.
2.
TILAK RAM SON OF BHARAT RAM RESIDENT OF VILLLAKSHMIPUR @ LAXMIPUR, P.S.- CHAUTARWA, DISTRICT- WEST CHAMPARAN.
3.
BHUWAL RAM SON OF LATE SHIV BHACHAN RAM RESIDENT OF VILL- LAKSHMIPUR @ LAXMIPUR, P.S.- CHAUTARWA, DISTRICTWEST CHAMPARAN. 4.
DEEPU KUMAR @ DEEPU RAM SON OF LATE BALLI RAM RESIDENT OF VILL- LAKSHMIPUR @ LAXMIPUR, P.S.- CHAUTARWA, DISTRICT- WEST CHAMPARAN.
5.
SHASHI KANT KUMAR SON OF BHARAT RAM RESIDENT OF VILLLAKSHMIPUR @ LAXMIPUR, P.S.- CHAUTARWA, DISTRICT- WEST CHAMPARAN.
6.
CHANDRAWATI DEVI WIFE OF BHUWAL RAM RESIDENT OF VILLLAKSHMIPUR @ LAXMIPUR, P.S.- CHAUTARWA, DISTRICT- WEST CHAMPARAN.
7.
MAYA DEVI WIFE OF BHARAT RAM RESIDENT OF VILLLAKSHMIPUR @ LAXMIPUR, P.S.- CHAUTARWA, DISTRICT- WEST CHAMPARAN.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kr Singh No. 1 For the Opposite Party/s :
Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-07-2024
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 offence punishable under Sections 341, 323,
Patna High Court CR. MISC. No.41807 of 2024(2) dt.23-07-2024 2/3 324, 307, 504, 506, 379 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant with an allegation that Tilak Ram was putting soil on his land on 23.01.2024 and when the same was objected by the informant, it is alleged that Tilak Ram assaulted the informant by means of spade causing head injury, thereafter, Bhuwal Ram assaulted him by means of an iron rod causing injuries on his forehead, chest, waist and back. Thereafter, his son Sunil came to save him when he was assaulted by Raj Kumar by means of knife causing multiple injuries on his body parts, thereafter Chandrawati Devi took golden chain and Rs.22000/- from the pocket of the informant.
4. The learned counsel next submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that Raj Kumar is alleged to have assaulted Sunil, the son of informant by knife causing injury but from perusal of the injury report of Sunil (Annexure-3A), it would manifest that the injury suffered is simple caused by hard and blunt object, as such allegation that he was assaulted by knife gets belied. Further, the injury suffered by the informant is
Patna High Court CR. MISC. No.41807 of 2024(2) dt.23-07-2024 3/3 also simple. It is next submitted that it was the side of informant, who assaulted brutally the side of petitioners causing grievous injury to petitioner no.5, as would manifest from Annexure-4 to the anticipatory bail application.
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 and the fact that petitioners are person with clean antecedent, the petitioners above-named, in the event of their arrest or surrender before the learned Court below 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 learned trial court where the case is pending/successor court in connection with Chautarwa P.S. Case No.21/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) amit/- U T