Bhuvneshwar Tatma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84349 of 2019 Arising Out of PS. Case No.-533 Year-2019 Thana- ARARIA District- Araria ====================================================== 1.

Bhuvneshwar Tatma (Male), aged about 50 years, Son of Late Baldeo Tatma 2.

Soni Devi (Female), aged about 50 years, Wife of Babloo Tatma 3.

Uria Devi (Female), aged about 49 years, Wife of Bhuvneshwar Tatma, all resident of Village - Hasanpur, Ward No. 10, Panchayat - Gaidha, P.S + Distt - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-02-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Araria P.S. Case No. 533 of 2019 (G.R. No.2388 of 2019) registered for the offences punishable under Sections 147, 323, 341, 379, 504, 506 of the Indian Penal Code.

As per F.I.R. on 02.07.2018, all the accused persons including these accused persons badly assaulted the informant. When accused Bhubneshwar tatma after committing theft of a calf from the door of informant was going and when the informant caught his calf at his door, in the meantime, all the accused persons came and started assaulting the informant with fists, slaps, lathi and rod. When the family members of informant came there in order to rescue the informant, the accused persons also assaulted them with

Patna High Court CR. MISC. No.84349 of 2019(2) dt.14-02-2020 2/2 lathi. On alarm, the villagers reached there and intervened into the mater. The accused persons during course of assault, they snatched silver chain from the informant and her Gotni. Learned counsel for the petitioner submits that these accused petitioners are innocent and they hve been falsely implicated in this case due to previous enmity. There is general and omnibus allegation against these petitioners. The accused Bhubneshwar Tatma also lodged Araria P.S. Case No.534 of 2019 against the husband of informant and others. Due to this, the informant had filed the present case. There is no overt act against these petitioners.

In the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Araria in connection with Araria P.S. Case No. 533 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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