Rakhi Kumari vs The State Of Bihar
2021 Latest Caselaw 1851 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No. 34555 of 2020
          Arising Out of PS Case No.-197 Year-2020 Thana- FORBESGANJ District- Araria
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1. Rakhi Kumari, aged about 20 years, Female, Daughter of Shankar Soni @ Shankar Shah.

2. Anjali Kumari, aged about 18 years, Female, Daughter of Jayjivan Ram, Both are resident of Village-Ward No. 18, Forbesganj, PS-Forbesganj, District-Araria.

3. Pankaj Yadav @ Pankaj Kumar Yadav, aged 31 years Male.

4. Deepak Yadav @ Deepak Kumar Yadav, aged 23 years, Male.

5. Dilip Yadav @ Dilip Kumar Yadav, aged about 32 years Male.

All are Son of Vinod Yadav, All are Resident of Village-Bhagkohaliya, PS- Forbesganj, District-Araria.

... ... Petitioner/s Versus The State of Bihar

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

     For the Petitioner/s    :        Mr. Ramesh Kumar Singh, Advocate
     For the State           :        Mr. Anant Kumar No. 1, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-04-2021

The matter has been heard via video conferencing.

2. Heard Mr. Ramesh Kumar Singh, learned counsel for

the petitioners and Mr. Anant Kumar No. 1, learned Additional

Public Prosecutor (hereinafter referred to as 'APP') for the State. Patna High Court CR. MISC. No.34555 of 2020 dt.05-04-2021

3. The petitioners apprehend arrest in connection with

Forbesganj PS Case No. 197 of 2020 dated 11.03.2020, instituted

under Sections 341, 323, 308, 379 and 504/34 of the Indian Penal

Code.

4. The allegation against the petitioners is of being party

to the assault on the son of the informant causing grievous injury

on his head and also snatching of cash and chain from him.

5. Learned counsel for the petitioners submitted that the

case is totally false and fabricated as the petitioner no. 1 had

lodged Forbesganj PS Case No. 190 of 2020 on 10.03.2020

whereas the present case has been filed on the next day. It was

submitted that the said case is against the son of the informant and

10-15 unknown, for harassment and assault and the present case is

a counter blast. It was submitted that no injury report has been

produced by the son of the informant in the present case. It was

submitted that the petitioners have no criminal antecedent.

6. Learned APP submitted that there is allegation of

assault and snatching of chain and cash against the petitioners.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioners be released on bail upon Patna High Court CR. MISC. No.34555 of 2020 dt.05-04-2021

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each

with two sureties of the like amount each to the satisfaction of the

learned Chief Judicial Magistrate, Araria in Forbesganj PS Case

No. 197 of 2020, subject to the conditions laid down in Section

438(2) of the Code of Criminal Procedure, 1973 and further, (i)

that one of the bailors shall be a close relative of the petitioners,

(ii) that the petitioners and the bailors shall execute bond with

regard to good behaviour of the petitioners, and (iii) that the

petitioners shall also give an undertaking to the Court that they

shall not indulge in any illegal/criminal activity, act in violation of

any law/statutory provisions, tamper with the evidence or

influence the witnesses. Any violation of the terms and conditions

of the bonds or the undertaking shall lead to cancellation of their

bail bonds. The petitioners shall cooperate in the case and be

present before the Court on each and every date. Failure to

cooperate or being absent on two consecutive dates, without

sufficient cause, shall also lead to cancellation of their bail bonds.

8. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioners, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioners.

Patna High Court CR. MISC. No.34555 of 2020 dt.05-04-2021

9. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T