The Patna High Court granted anticipatory bail to petitioners facing charges under IPC sections 341, 323, 324, 307, 504, and 506 in a land dispute case, requiring arrest or surrender within six weeks and posting of bail bond with sureties.
Release on anticipatory bail upon surrender/arrest within six weeks, furnishing Rs. 10,000 bail bond with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70105 of 2023
Arising Out of PS. Case No.-84 Year-2023 Thana- GOPALPUR District- Gopalganj
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... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Javed Aslam, Adv. For the Opposite Party/s : Mrs.Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
connection with Gopalpur P.S. Case No. 84 of 2023 registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.70105 of 2023(2) dt.02-11-2023 2/4
Patna High Court CR. MISC. No.70105 of 2023(2) dt.02-11-2023 3/4
of assaulting Raj Kali Devi against petitioner no. 4 and 3 by means of lathi but the doctor only found pain in whole body of Raj Kali Devi and as per injury report of Raj Kali Devi, the nature of injury is simple, caused by hard and blunt substance, as mentioned in para 11 of the petition, which clearly falsifies the story of prosecution. He further submits that though the version of FIR speaks that informant's mother also sustained injury in the said occurrence but there is no injury report of informant's mother on record, as mentioned in para 9 of the petition, which also falsifies the story of prosecution. He further submits that from perusal of injury report of injured, it appears that all the injuries are simple in nature. There is no repetition of blow by petitioner no. 4 against Birendra Ram which is clear from perusal of FIR itself. There is counter version of the case lodged by petitioner no. 1 Sita Devi who is the wife of petitioner no. 3. From perusal of the FIR, it appears that there is delay of two days in lodging the FIR and no plausible explanation has been given regarding the said delay. In the light of given facts and circumstances of the case, false and fabricated story cannot be ruled out. No offence is made out under Section 307 and other allied sections of the IPC, as mentioned in the FIR.
Patna High Court CR. MISC. No.70105 of 2023(2) dt.02-11-2023 4/4
for anticipatory bail of the petitioners.
(Alok Kumar Pandey, J)
shahzad/-
U T
1 issue framed by the court
Whether the petitioners are entitled to be released on anticipatory bail subject to conditions in a case involving alleged violence and land dispute.
1 provisions across 1 enactments
Sita Devi and others
The State of Bihar
Allok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
