Amruddin Dewan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60752 of 2019 Arising Out of PS. Case No.-256 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== 1.
Amruddin Dewan, S/o Vasul Dewan @ Wajul Dewan Resident of VillageChargahan Murgiya Tola, P.S.- Turkauliya, District- East Champaran. 2.
Meratun Khatoon W/o Amruddin Dewan Resident of Village- Chargahan Murgiya Tola, P.S.- Turkauliya, District- East Champaran. 3.
Shabir Dewan S/o Amruddin Dewan Resident of Village- Chargahan Murgiya Tola, P.S.- Turkauliya, District- East Champaran. 4.
Nurullah Dewan S/o Amruddin Dewan Resident of Village- Chargahan Murgiya Tola, P.S.- Turkauliya, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hans Lal Kumar For the Opposite Party/s :
Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-09-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.
Petitioners apprehend their arrest in connection with Turkauliya P.S. Case No.256 of 2019, for the offence punishable under Sections 341, 323, 324, 307, 354, 379, 504/34 of the Indian Penal Code.
The allegation against the petitioners, as mentioned in the FIR is that while the informant had gone to see her field, the accused persons, i.e., petitioners called her and petitioner No.1 assaulted the husband of the informant by Tangi on her head and
Patna High Court CR. MISC. No.60752 of 2019(2) dt.25-09-2019 2/3 petitioner No.3 assaulted the informant by means of iron rod on her head and petitioner No.2 snatched nose pin of the informant and petitioner No.4 pulled Sari of the informant. Learned counsel for the petitioners submits that the parties are close relatives and resides in the same house. Learned counsel further submits that injury caused to the husband of the informant and informant have been found to be simple in nature, as would be evident from Annexure-2 and impugned order of learned Sessions Judge itself. Learned counsel referring to Annexure-3 submits that both the parties have amicably settled their dispute and a joint compromise petition has been filed before the Court of District and Sessions Judge, East Champaran at Motihari.
Having regard to the submissions made by the parties and taking into consideration the fact that both the parties are close relatives and residing in the same house and the injury caused to the informant and her husband are simple in nature, as such, I am inclined to grant anticipatory bail to all the petitioners.
Accordingly, all the petitioners, above named, are directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender
Patna High Court CR. MISC. No.60752 of 2019(2) dt.25-09-2019 3/3 by them, they shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, subject to the condition as mentioned under Section 438 (2) of Cr.P.C. (Anil Kumar Sinha, J) sanjeev/- U T