Sudama Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43162 of 2022 Arising Out of PS. Case No.-237 Year-2022 Thana- MANER District- Patna ====================================================== 1.
SUDAMA RAY S/O LATE SHIV NANDAN RAY Resident of village and Post- Balua, P.S.- Maner, District- Patna 2.
RAMAYAN YADAV S/O KAMLA RAY Resident of village and PostBalua, P.S.- Maner, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Md. Anbzarul Haque Sahara, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioners are directed to remove the defects within four weeks.
Petitioners apprehend their arrest in a case registered for offence punishable u/s 341, 323, 436, 385, 504, 506, 34 of the IPC.
Allegedly, the accused persons named in F.I.R. including the petitioners abused and assaulted the informant and borne fire in her cowshed. They also demolished the house of her dewar and locked the house which was taken care by her. It is submitted by learned counsel for the petitioners that
Patna High Court CR. MISC. No.43162 of 2022(2) dt.29-11-2022 2/3 petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case with ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. It is further submitted that the mother in law of the informant namely Meena Devi entered into agreement to sale for a piece of land with daughter in law of the petitioner no.1 for which part of the consideration amount to the tune of Rs. 7,75,000/- was paid to the mother in law and her dewar. After execution of agreement to sale, the daughter in law of the petitioner no.
1 and her family members requested the mother in law for execution of sale, but the informant's side not executing to sale deed nor they have refunded the amount paid to them, that is the reason that the informant with ulterior motive implicated the petitioner no.1 and his nephew who is petitioner no.2 in the present case. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.43162 of 2022(2) dt.29-11-2022 3/3 of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Maner P.S. Case No.237 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T