Doma Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57938 of 2024 Arising Out of PS. Case No.-233 Year-2024 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== 1.

Doma Bind Son of Late Regaye Bind R/O Vill.- Nakhataul, P.s.- Bhabua, Dist.- Kaimur At Bhabua 2.

Chhotaku Bind Son of Suyethu Bind R/O Vill.- Nakhataul, P.s.- Bhabua, Dist.- Kaimur At Bhabua ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-09-2024 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 offences punishable under Sections 147, 148, 149, 341, 323, 307, 354B, 379 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

3.

Learned counsel for the petitioners submits that the petitioners have antecedent of one case and petitioner No. 1 is aged about 70 years. It is next submitted that a supplementary affidavit has been filed in which the criminal antecedent of the petitioner No. 2 has been pleaded.

4.

It is next submitted that informant alleges that on

Patna High Court CR. MISC. No.57938 of 2024(2) dt.05-09-2024 2/3 account of dispute relating to land, accused, Manchan, dashed her on the ground and disrobed her, while Chintu fired causing injury on stomach of her husband, further the accused person looted her household articles, next alleges that Bhabua P.S. Case No. 1028 of 2023 was instituted in which brother of Chintu had died two months after the occurrence.

5.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that specific allegation of firing is against Chintu causing injury to the husband of the informant. It is also submitted that since Petitioner No. 1 is father of Chintu as such he has also been implicated in the instant case in order to coerce Chintu into submission. It is further submitted that allegation against the petitioners of looting the household articles is general, omnibus and ornamental in nature in order to give seriousness to the case. It is further submitted that brother of Chintu, namely, Vimal was assaulted and who died during the course of treatment for which Bhabua P.S. Case No. 1028 of 2023 was instituted against the informant and her side. It is also submitted that petitioners will not abscond rather will cooperate in the investigation. 6.

Learned A.P.P. for the State opposes the prayer for

Patna High Court CR. MISC. No.57938 of 2024(2) dt.05-09-2024 3/3 anticipatory bail of the petitioners.

7.

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. 25,000/- (Rupees Twenty-five 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 Bhabua P.S. Case No. 233 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) SUMIT/- U T