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Sahewan Bhuiyan v. the State of Jharkhand

Jharkhand HC13 May 2024A.B.A./756/2024

Case brief

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What is this about?

The High Court of Jharkhand granted anticipatory bail to petitioners after noting the existence of a case and counter case and the informant's delay in lodging the FIR despite the alleged assault occurring in the evening.

What did the court decide?

Petitioners granted anticipatory bail directed to surrender within three weeks; upon arrest, to be released on bail with bonds of Rs. 25,000 each and two sureties.

Sahewan Bhuiyan Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 756 of 2024

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Sahewan Bhuiyan

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Nipu Bhuiyan

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Jethan Bhuiyan 4. Holi Devi ..... … Petitioners Versus The State of Jharkhand ..... … Opposite Party

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CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI -----For the Petitioners : Mr. Jagdeesh, Advocate. For the State : Mr. A.K. Dey, A.P.P.

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06/ 13.05.2024 Heard learned counsel appearing for the petitioners and learned A.P.P. for the State.

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The petitioners are apprehending their arrest in connection with Hunterganj P.S. Case No. 162 of 2023, for the alleged offences under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code, pending in the court of learned Judicial Magistrate, 1^st Class, Chatra.

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Learned counsel appearing for the petitioners submits that there are case and counter case between the parties and both the parties are family members and for the alleged occurrence, the petitioners’ side has also filed a case being Hunterganj P.S. Case No. 163 of 2023 against the informant side. He submits that the allegations are made that the injury was received at about 8.00 P.M. due to assault made by the axe, however, the informant herself has lodged the case in the police station in the next morning.

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Learned A.P.P. appearing for the State has opposed the prayer on the ground that the allegation of assault is there.

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Considering that there are case and counter case between the parties and the allegations are made that the injury was received at about 8.00 P.M. due to assault made by the axe, however, the informant herself has lodged the case in the police station in the next morning and in view of the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. Accordingly, they are directed to surrender before the learned court within three weeks from today and in the event of their surrender / arrest, the petitioners, named above, shall be released on bail, on furnishing bail bonds of

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Rs. 25,000/- (twenty-five thousand) each, with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1^st Class, Chatra, in connection with Hunterganj P.S. Case No. 162 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Sanjay Kumar Dwivedi, J.)

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Amitesh/-

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Sahewan Bhuiyan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sahewan Bhuiyan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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