Banshi Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79949 of 2023 Arising Out of PS. Case No.-3058 Year-2022 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== 1.
BANSHI SAH S/O LATE DIPU SAH VILLAGE- NARHARPUR (BASATPUR), PS. MARHAURA (GAURA O.P), DIST. SARAN. 2.
TARA KUWAR W/O LATE PRAMOD SAH VILLAGE- NARHARPUR (BASATPUR), PS. MARHAURA (GAURA O.P), DIST. SARAN. ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar For the Opposite Party/s :
Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-01-2024
1. Heard the parties.
2. The petitioners apprehend their arrest in connection with Saran Complaint Case No. 3058 of 2022 dated 24.09.2022 registered under Sections 452, 323, 324, 307, 447, 427, 326 (B) and 504 of the I.P.C.
3. As per the allegation made in the complaint petition on 18.09.2022 in the morning while the complainant was sitting at her door along with her mother-in-law all the accused persons arrived there and called the complainant as 'Dayan' (witch) and the petitioner no. 2 poured acid on the complainant. When the family members of the complainant intervened, the accused persons assaulted the complainant and her family members by
Patna High Court CR. MISC. No.79949 of 2023(2) dt.18-01-2024 2/3 means of lathi, danda, axe etc.
4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case on the basis of concocted story due to land dispute between the parties. Both the parties are co-sharers and the present complaint has been filed on 24.09.2022 i.e. after delay of six days from the date of alleged occurrence. The complainant has got no burn injury and no medical report has been produced by the complainant along with the complaint petition.
5. Regard being had to the submission made by the parties, taking into consideration the fact that both the parties are co-sharers, there is land dispute between them, there is delay in lodging the complaint and no medical report has been submitted by the complainant regarding injury caused to her and others, as such, I am inclined to grant anticipatory bail to the petitioners.
6. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M. / Successor Incharge Court, Saran in connection with
Patna High Court CR. MISC. No.79949 of 2023(2) dt.18-01-2024 3/3 Saran Complaint Case No. 3058 of 2022 subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anil Kumar Sinha, J) praful/- U T