Deepak Kumar Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.910 of 2020 Arising Out of PS. Case No.-200 Year-2019 Thana- RAGHUNATHPUR District- Siwan ====================================================== 1.

DEEPAK KUMAR GOND Son of Ganesh Gond Resident of Village - Adamapur @ Adampur, P.S. - Raghunathpur, District - Siwan. 2.

Bablu Singh @ Pradeep Kumar Singh Son of Braj Kishor Singh Resident of Village - Adamapur @ Adampur, P.S. - Raghunathpur, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 324, 307, 504, 506/34 of the Indian Penal Code.

Allegedly, while the sister of the informant was sleeping in the room on the roof. all the accused persons having armed, entered the room and started assaulting the sister of the

Patna High Court CR. MISC. No.910 of 2020(3) dt.17-06-2020 2/3 informant. It is also alleged that the accused persons on the point of pistol threatened not to make noise. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. It is submitted that no injury is attributed against the petitioner No. 1. So far petitioner No. 2 is concerned, he is said to have given single knife blow on the part of informant's sister. The injury report does not indicate whether the nature of injury is simple or grievous. Hence it cannot be ascertained whether offence under Section 307 of the Indian Penal Code is made out or not.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Additional Chief Judicial Magistrate-VIII, Siwan in connection with Raghunathpur P.S. Case No. 200 of 2019 subject to the conditions as laid down under Section 438(2) of

Patna High Court CR. MISC. No.910 of 2020(3) dt.17-06-2020 3/3 the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T