Bihari Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52564 of 2018 Arising Out of PS.Case No. -25 Year- 2018 Thana -ADAPUR District- EASTCHAMPARAN (MOTIHARI) ====================================================== Bihari Thakur S/o late Lakshan Dew Thakur Resident of VillageBisunpurwa, P.S. Adapur, Distt. East Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anshu Dhar Sharma For the Opposite Party/s : Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner, in the present case, is seeking regular bail in connection with Adapur P.S. Case No. 25 of 2018, registered for offences alleged under Sections 302, 120 (B)/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that as per allegations in the First Information Report there was a dispute over payment of Rs.70/- allegedly due to the husband of the informant. Because of this dispute, the co-accused, Rajan Thakur, son of Bihari Thakur came to the door of the informant and threatened her husband. On the next day he along with his
Patna High Court Cr.Misc. No.52564 of 2018 (3) dt.28-09-2018 2/3 brothers, co-sharers and father (the petitioner) came at the door of the informant. It is alleged that, Raj Kumar Thakur, son of Satyanaryan Thakur and Mahant Thakur, son of late. Lachandev Thakur ordered to kill, whereupon, the three sons of this petitioner and this petitioner put the husband of the informant down and they caught hold of the deceased. It is alleged that, Rajan Thakur had given a dagger blow on the chest of the husband of the informant, whereupon, her husband started crying, a large number of neighbours assembled their and on seeing them the accused persons fled away.
Learned counsel for the petitioner submits that the prosecution story is highly unbelievable that for a sum of Rs.70/- the entire family of this petitioner, his co-sharers shall commit murder of the husband of the informant. It is further submitted that the F.I.R. has been lodged on legal advice by falsely implicating each and every family member of the petitioner, however, giving a dagger blow is attributed to the co-accused, Rajan Thakur. It is submitted that the petitioner is in custody for more than six months and the investigation in the case is complete. It is further submitted that the learned ADJ-13th, East Champaran, has rejected the prayer for bail on irrelevant considerations. In this case, the case diary was called for and learned APP
Patna High Court Cr.Misc. No.52564 of 2018 (3) dt.28-09-2018 3/3 for the State has gone through the case diary. It is submitted that in course of investigation, the witnesses have though supported the factum of quarrel but they have stated that in course of quarrel the co-accused, Santosh Thakur had taken out the knife and gave a blow to the deceased.
Considering the facts and circumstances of the case and the materials available on the record, wherein, there is no specific allegation of committing overt act seems to be there against this petitioner, let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs.15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Ruxaul at Motihari in connection with Adapur P.S. Case No. 25 of 2018, subject to the conditions U/S 437(3) Cr.P.C. (Rajeev Ranjan Prasad, J) R.R.Ojha.
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