Alatoosh @ Alatool v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1209 of 2024 Arising Out of PS. Case No.-122 Year-2023 Thana- BAUNSI District- Araria ====================================================== 1.
Alatoosh @ Alatool Son Of Ashraf Ali Village -Dumara P.S. -Bousi Distt.- Araria 2.
Jiyanul @ Jiyaul @ Jiyaur Raman @ Jiyaur Rahman Son Of Ashraf Ali Village -Dumara P.S. -Bousi Distt.- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kishore Bharti For the Opposite Party/s :
Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-02-2024 Heard learned counsel for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence under Sections 147, 149, 302 of the Indian Penal Code.
3. As per F.I.R., due to dispute between informant's son (deceased) and his in-laws members over payment of dues, on 19.06.2023, all the accused persons including both petitioners brutally assaulted him (informant's son) and caused him injury. Petitioner no. 1 is alleged to have assaulted informant's son by danda in his abdomen. On getting such information, the informant and her family members reached there and started searching her son, but in-laws members of informant's son were not found and the villagers informed the
Patna High Court CR. MISC. No.1209 of 2024(2) dt.07-02-2024 2/3 informant that in-law family members have brutally assaulted her son and threw the body in the jute field and when the informant reached in Jute field, she found her son in unconscious condition. The informant brought her son at Purnia hospital where the doctor operated his abdomen, due to severe assault, but he could not survive and succumbed to his injury.
4. It is submitted on behalf of petitioners that from bare perusal of the F.I.R., it is apparent that informant is not eye-witness of the occurrence. The informant has not disclosed the source of information on the basis of which she came to know about the alleged occurrence. As a matter of fact, the deceased was a drunkard and was suffering from various ailment and on the fateful day, he took too much wine in the night near the jute field and became senseless and thereafter, these petitioners and other co-accused members took him to Bina Devi Hospital, where different tests were done. Operation of abdomen was also done on 19.06.2023, but the patient did not survive and died on 22.06.2023, but the informant has lodged this false and concocted case against petitioners and others. Petitioners claim clean antecedent
5. Learned A.P.P. for the State has opposed the bail petition.
Patna High Court CR. MISC. No.1209 of 2024(2) dt.07-02-2024 3/3
6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - I, Araria in connection with Bousi P.S. Case No. 122 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T