Taramati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53055 of 2023 Arising Out of PS. Case No.-111 Year-2022 Thana- PIPRA District- East Champaran ====================================================== 1.
Taramati Devi, Wife Of Chandra Kishor Thakur, Resident Of Village - Chakaniya, P.S. - Pipra, District - East Champaran, Motihari 2.
Devpati Devi @ Deopati Devi, Wife Of Ramashish Thakur, Resident Of Village - Chakaniya, P.S. - Pipra, District - East Champaran, Motihari 3.
Ramashish Thakur, Son Of Late Haruni Thakur, Resident Of Village - Chakaniya, P.S. - Pipra, District - East Champaran, Motihari ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Narain Sinha, Advocate For the Opposite Party/s :
Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 19-08-2023 Heard learned counsel for the petitioners and learned counsel for the State.
2. In this present case, the petitioners are apprehending their arrest in connection with Pipra P.S. Case No. 111 of 2022, registered for the offences under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code.
3. As per prosecution case, in the background of some land dispute, petitioners and other co-accused persons assaulted the informant and his family members causing a number of injuries to them.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.53055 of 2023(2) dt.19-08-2023 2/3 petitioners are innocent and have been falsely implicated in this case. For an occurrence which took place on 12.04.2022, the FIR has been registered on 15.04.2022 and there is no explanation for such inordinate delay. Learned counsel further submits that there was some scuffle between the parties which took place on 15.04.2022 for which petitioner no.2 has lodged a case against the informant side vide Pipra P.S. Case No. 112 of 2022 registered under Sections 341, 323, 324, 307, 379, 504 and 506/34 of I.P.C. Moreover, injuries sustained by the victims are quite simple in nature and it appears to be manufactured with the help of the doctor. Petitioner nos.1 and 2 are ladies whereas petitioner no.3 is the husband of petitioner no.2 and both of them are old age persons.
5. Learned APP opposes the submissions made on behalf of the petitioners.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the background of land dispute and possibility of false implication, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand Only) each with two
Patna High Court CR. MISC. No.53055 of 2023(2) dt.19-08-2023 3/3 sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari/concerned court in connection with Pipra P.S. Case No. 111 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) balmukund/- U T