Dharmendra Ram Vs the State of Bihar — Patna HC (2024) — LawSathi Research

Dharmendra Ram Vs the State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail: release on bail, upon arrest or surrender before the Court below within thirty days of receipt of the order, on bail bonds of Rs. 10,000/- each with two sureties of the like amount each, subject to the conditions under Section 438(2) CrPC.

Issue for consideration

Whether the petitioners, apprehending arrest in Harsidhi P.S. Case No. 570 of 2022 for the alleged IPC offences, are entitled to anticipatory bail.

Court's answer

Anticipatory bail granted: the petitioners are to be released on bail in the event of their arrest or surrender before the Court below within thirty days from the date of receipt of the order, in connection with Harsidhi P.S. Case No. 570 of 2022.

Ratio / Principle

Release on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each, to the satisfaction of the concerned Court where the case is pending.

Key takeaways

The grant of bail is made subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.ratio¶23

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED. Four petitioners apprehended arrest in Harsidhi P.S. Case No. 570 of 2022 (P.S. Harsidhi, District East Champaran), registered for offences under Sections 147, 149, 323, 341, 324, 307, 447, 448, 379, 504, 506 and 354-B IPC, on allegations of assaulting the informant and her family members by abusing and ousting her while at home and taking away her golden Mangalsutra and a box containing clothes, jewellery and cash. Learned counsel urged false implication due to a land dispute, existence of a case and counter case with injuries on both sides (injuries on the informant and her son simple), and absence of criminal antecedent in petitioners 1, 3 and 4 (petitioner 2 having one antecedent in which he is on bail); the APP opposed the prayer. Considering facts, circumstances and submissions, the Court directed release on bail upon arrest or surrender before the Court below within thirty days of receipt of the order, on bail bonds of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the concerned Court, subject to the conditions under Section 438(2) CrPC. (Sunil Dutta Mishra, J; 19-03-2024)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16491 of 2024

Arising Out of PS. Case No.-570 Year-2022 Thana- HARSIDHI District- East Champaran

======================================================

Dharmendra Ram, S/O Late Dasai Ram R/O Village- Mathlohiyar Tali Tola, P.S- Harsidhi, Distt.- East Champaran.

Jitu Ram, S/O Late Dasai Ram R/O Village- Mathlohiyar Tali Tola, P.SHarsidhi, Distt.- East Champaran.

Mithu Ram @ Meethu Ram, S/O Late Dasai Ram R/O Village- Mathlohiyar Tali Tola, P.S- Harsidhi, Distt.- East Champaran.

Saurabh Kumar, S/O Dinesh Ram R/O Village- Mathlohiyar Tali Tola, P.SHarsidhi, Distt.- East Champaran.

... ... Petitioner/s

Versus The State Of Bihar ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP

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

... ... Opposite Party/s

======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 19-03-2024

Heard learned counsel for the petitioners and learned

Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in connection with Harsidhi P.S. Case No. 570 of 2022 registered for the offences punishable under Sections 147, 149, 323, 341, 324, 307, 447,, 448, 379, 504, 506, 354-B of the Indian Penal Code.

Allegation against the petitioners is that they have assaulted the informant and her family members by abusing and ousting while she was at home. They also took away her golden Mangalsutra and a box containing clothes, jewellery and cash.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.16491 of 2024(2) dt.19-03-2024 2/2

petitioners are innocent and have falsely been implicated in the present case due to land dispute. There is case and counter case between the parties and both the parties sustained injuries in the scuffle. The injuries found on the informant and her son are simple in nature. Petitioner nos. 1, 3 and 4 have no criminal antecedent. However, petitioner no. 2 has one criminal antecedent in which he is on bail.

Learned APP opposes the prayer for anticipatory bail of the petitioners.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Harsidhi P.S. Case No. 570 of 2022, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J)