Dinesh Kumar Singh vs The State of Jharkhand

The petitioners are accused in a case registered under Sections 342 / 323 / 307 / 376 / 120B of the Indian Penal Code.

It is alleged in the F.I.R. that on 12.01.2017 the informant got burnt from the earthen lamp while keeping the cooked foot in her house and thereafter she was taken to her co-villager Surendra Paswan @ Dr. Surendra Paswan, who demanded Rs.11,000/- out of which he was given Rs. 2200/- and when the husband of the informant away for arranging the remaining amount then the petitioner no.1 ousted the mother of the informant from the house and assaulted her with fists on her mouth.

It is further alleged that he allegedly called two males and two females there, who caught her legs and hands and then the co-accused Surendra Paswan @ Dr. Surendra Paswan operated her stomach and after operation both the females went outside the room but all the three males including the co-accused Surendra Paswan @ Dr. Surendra Paswan went on catching of her and they alleged committed illegal act and after that he went away.

It is further alleged that they again returned and stitched her stomach and when her mother and husband came, they were directed by the co-accused Surendra Paswan @ Dr. Surendra Paswan to take her to house. The informant remained in her house in the night, thereafter she was taken to Sadar Hsopital, Daltonganj where her fardbayan was recorded and the case was lodged against the co- accused Surendra Paswan @ Dr. Surendra Paswan, two unknown males and two unknown females.

Learned Counsel for the petitioners submitted that petitioners are not named in the F.I.R. nor there is any evidence to show their presence at the place of occurrence. The allegation levelled in the F.I.R. is absolutely false and concocted as from fardbayan of the prosecutrix show that even after operation of her stomach she was in her senses which appears quite absurd in view of the fact that even after the operation that too without administering anaesthesia, operation of a vital organ part of the body like stomach has been stitched, which is not possible.

Learned Counsel further submitted that from the fardbayan of the prosecutrix it is not clear that as to what prevented her to raise alarm when the accused persons were committing some nasty and indecent behaviour with her and all these show the falsity of the case.

Counsel for the State has opposed the prayer. In the facts and circumstances of the case, the petitioners are directed to surrender before the court-below within two weeks from today and if they do so they will be released on bail on furnishing bail bond of Rs.10,000/- ( Ten thousand) each with two sureties of like amount each to the satisfaction of the Judicial Magistrate, Palamau at Daltonganj in connection with Chhatarpur P.S. Case No. 12/2017, corresponding to G.R.No.152/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.