Ramanand Choudhary @ Ramanand Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65653 of 2024 Arising Out of PS. Case No.-373 Year-2024 Thana- SUPAUL District- Supaul ====================================================== Ramanand Choudhary @ Ramanand Jha Son of Late Digamber Chaudhary R/o Malhad, Ward No.15, P.S. and District- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun, Advocate For the Opposite Party/s :
Mr. Aditya Narayan Singh.1, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 01-10-2024 Heard learned Counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Supaul P.S. Case No. 373 of 2024 dated 16.06.2024, instituted for the offence punishable under Sections 341, 323, 324, 325, 307, 354A, 379, 504 and 34 of the Indian Penal Code.
3. As per the prosecution story, the allegation against the petitioner is that he started abusing informant's family members due to old 'rasta' dispute and when the informant's mother intervened, the petitioner and the other co-accused persons, armed variously, assaulted his family members. Accordingly, the F.I.R.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this
Patna High Court CR. MISC. No.65653 of 2024(2) dt.01-10-2024 2/3 case. It is submitted that there is specific allegation against the petitioner who assaulted with the 'dabiya' on the hand of the Sanjula Devi but the injury report does not corroborate the allegation against the petitioner. The doctor opined that the lacerated wound size 4cm X 2cm X 3cm deep over her right elbow, nature of injury is simple and caused by hard and blunt substance.
5. Learned Counsel for the petitioner further submitted that a bare perusal of the impugned order reveals that a compromise petition signed by the informant, Rajesh Kumar Jha, his mother (Sanjula Devi) and all the accused persons has been filed before the concerned Court. The compromise has been taken place between both the parties with the intervention of the villagers now there is no dispute between the parties. Informant and his mother have also supported the factum of the compromise before the Court below.
6. Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioner.
7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Supaul P.S. Case No.
Patna High Court CR. MISC. No.65653 of 2024(2) dt.01-10-2024 3/3 373 of 2024, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Supaul, subject to condition as laid down under Section 438(2) of the Cr.P.C..
(Khatim Reza, J) Neha/- U T