Lakhan Gond v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78376 of 2024 Arising Out of PS. Case No.-246 Year-2024 Thana- KATEYA District- Gopalganj ====================================================== 1.
Lakhan Gond S/O Ramekbal Gond @ Jhulan Gond R/O Bhatwa Khurd, P.SKateya, Distt.- Gopalganj. 2.
Sachin Gond S/O Ramekbal Gond @ Jhulan Gond R/O Bhatwa Khurd, P.SKateya, Distt.- Gopalganj. 3.
Ramekbal Gond @ Jhulan Gond S/O Swami Gond R/O Bhatwa Khurd, P.SKateya, Distt.- Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deepankar Raj, Adv For the Opposite Party/s :
Mr.Akshay Lal Pandit, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-03-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehends his arrest in connection with Keteya P.S Case No. 246 of 2024 registered for the offences punishable under Sections 341/323/354/307/504/506/34 of the Indian Penal Code.
3. As per allegation in the FIR, petitioners along with the other co-accused person have assaulted the informant's daughter and family members and tried to outrage the modesty of her one of the daughter.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.78376 of 2024(3) dt.22-03-2025 2/3 petitioners has falsely been implicated in this case. He next submits that FIR has been lodge after the delay of five days for this no plausible explanation has been provided. He further submits that the allegation leveled against the petitioners are general and omnibus in nature. He further submits that petitioner has been made accused in circumstantial evidence. The informant implicated whole family member including female member in this case which itself create doubt upon the prosecution case.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order dated 04.10.2024, injury report and the entire case diary, it appears from para 31 of the injury report, doctor had reserved its opinion but it also appears that victim has sustained injury in her head for which doctors had prescribed for X-ray and C.T. Scan of head. In Para 34 and 35 of the injury report, it appears that some of the injuries sustained by the victim are simple in nature and some are of grievous in nature also, therefore, considering the nature of allegation levelled against the petitioners and the entire documents available on record, this Court is not inclined to enlarge the petitioners on bail.
Patna High Court CR. MISC. No.78376 of 2024(3) dt.22-03-2025 3/3
7. Accordingly, the prayer for anticipatory bail application of the petitioners are hereby rejected. (Ramesh Chand Malviya, J) Sunnykr/- U