Ram Lakhan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77673 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- ANDHRATHARHI District- Madhubani ====================================================== 1.

Ram Lakhan Thakur Son of Late Hira Lal Thakur @ Hiya Lal Thakur R/O Vill.- Tilai, P.S.- Andhrathadhi, Dist.- Madhubani. 2.

Malti Devi Wife of Ram Lakhan Thakur R/O Vill.- Tilai, P.S.- Andhrathadhi, Dist.- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-11-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable u/s 147, 341, 323, 379, 504, 506 of the Indian Penal Code as well as Section 3⁄4 of the Prevention at Witch Practices Act.

3. As per the F.I.R., when the informant was sitting at her courtyard, eight F.I.R. named accused persons arrived and started abusing and assaulted by means of fight and slaps.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, have ever taken place. The allegation leveled against the petitioners are not specific rather general and omnibus in nature. There is land

Patna High Court CR. MISC. No.77673 of 2024(2) dt.20-11-2024 2/2 dispute between the parties for that reason a false case was lodged by the informant. It is further submitted by the learned counsel for the petitioners that the said occurrence was on 31.12.2023 and the F.I.R. lodged on 22.01.2024, after delay of 23 days for filing of present F.I.R. Petitioners have no criminal antecedent except the present one.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, there is delay of filing the F.I.R. and the land dispute between the parties, 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 Andhrathadhi P.S. Case No. 19 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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