Dinesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85653 of 2019 Arising Out of PS. Case No.-147 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== Dinesh Ram Son of Kari Ram Resident of Village - Lal Saraiya, Ward No. 6, P.S.- Majhauliya, District - West Champaran ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Sanjay Kumar Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Majhauliya P.S. Case No. 147 of 2019 registered for the offences punishable under Sections 341, 323, 324, 354(A)(B), 448 of the Indian Penal Code.

The allegation against the petitioner as per First Information Report that the petitioner on the date of occurrence i.e. 12.03.2019 at about 09.00 O'clock in the night entered into the house of the informant from the back side of the house and snatched the golden ear ring and chain from the informant and on protest made by the informant, the petitioner assaulted the informant by knife causing injury on her face and thereafter, the petitioner fled away.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.85653 of 2019(2) dt.18-02-2020 2/2 petitioner has falsely been implicated in this case and inasmuch as the father of the petitioner had lodged a complaint case for the occurrence which took place on 12.03.2019 alleging therein that the informant and others kept the petitioner in unlawful confinement and also committed atrocities under the prevention of SC/ST Act. He further submits that the present F.I.R. has been lodged as counter blast to the complaint filed by the father of the petitioner after a delay of about 24 days inasmuch as the F.I.R. disclosed the date of occurrence as 12.03.2019.

Having heard learned counsel for the parties and taking into consideration the fact that both the parties are covillagers and there is case and counter case between them, I am inclined to grant anticipatory bail to the petitioner. Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Rupees Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 147 of 2019, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Anil Kumar Sinha, J) mdrashid/- U T