Durgen Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67022 of 2022 Arising Out of PS. Case No.-265 Year-2022 Thana- GOVINDGANJ District- East Champaran ====================================================== 1.

DURGEN PATEL Son of Late Deonath Patel @ Devnath Patel Resident of Village- Ramnagar Bairiya, P.S.- Nautan, District- West Champaran 2.

SAVITA DEVI Wife of Durgen Patel Resident of Village- Ramnagar Bairiya, P.S.- Nautan, District- West Champaran ... ... Petitioners.

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhannjay Kumar No 2 For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-02-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 448, 379 & 504/34 of the Indian Penal Code and Section 3⁄4 of the Prevention of Witch Practices Act. While the informant was at her house, the petitioners along with other co-accused are said to have reached there, abused her, and after holding her hair assaulted by calling her as 'Dayan'.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place.

Patna High Court CR. MISC. No.67022 of 2022(2) dt.25-02-2023 2/2 Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is case and counter case between the parties. Both sides have sustained injury. The injury sustained by the victim is simple in nature. Petitioner no.1 has one criminal antecedent, while petitioner no.2 has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Govindganj P.S. Case No.265 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T