Surendra Das @ Surendra Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57969 of 2023 Arising Out of PS. Case No.-144 Year-2022 Thana- CHANDAUTI District- Gaya ======================================================
1. Surendra Das @ Surendra Ram, male, aged about 47 years
2. Suresh Das @ Suresh Ravidas, male, aged about 59 years Both sons of Late Jagdish Das
3. Dharmendra Kumar, male, aged about 31 years, son of Suresh Das @ Kundan Ravidas
4. Dulari Devi, female, aged about 52 years, wife of Surendra Das @ Surendra Ram
5. Rohini Devi @ Amarita Kumari, female, aged about 26 years, wife of Subhash Kumar
6. Punam Bhaarti, female, aged about 28 years, wife of Dharmendra Kumar All resident of Village + P.S.-Chandauti, District-Gaya. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Prithivi Raj Singh, Advocate For the Opposite Party :
Mr. Bhanu Pratap Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-09-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Chandauti P.S. Case No. 144 of 2022 dated 22.04.2022, instituted for the offence punishable under Sections 147, 341, 447, 448, 323, 308, 379 & 504 of the Indian Penal Code.
3. Allegation against the petitioners is that they have
Patna High Court CR. MISC. No.57969 of 2023(2) dt.13-09-2023 2/3 mercilessly beaten the informant and her family members with the intention to kill them.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. The entire allegations levelled against the petitioners are false and concocted. It is submitted that the date of occurrence is on 10.04.2022 but the fardbeyan was recorded on 14.04.2022 without any plausible explanation of delay of 4 days and the F.I.R. was registered on 22.04.2022. It is further submitted that there is a land disputes between the petitioners and the informant due to which a false case was lodged against them. The allegation against the accused persons is general and omnibus. Further, it is submitted that the petitioner nos. 2 & 4 are the old aged persons and petitioner nos. 4 to 6 are ladies and they have not committed any offence. It is also submitted that the injury report suggest that the nature of injury is simple. Further, a compromise petition has been filed before the learned ACJM-IV, Gaya. Lastly, it has been submitted that all the petitioners have no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioners.
6. Having considered the facts and circumstances of
Patna High Court CR. MISC. No.57969 of 2023(2) dt.13-09-2023 3/3 the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Chandauti P.S. Case No. 144 of 2022, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 4th, Gaya, subject to conditions as laid down under Section 438(2) of the Criminal Procedure Code. (Khatim Reza, J) Gaurav Kumar/- U T