Rajesh Turi @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5986 of 2023 Arising Out of PS. Case No.-442 Year-2022 Thana- BARACHATTI District- Gaya ====================================================== 1.

Rajesh Turi @ Rajesh Kumar Son Of Fagu Turi Resident Of Village - Dowat, P.S.- Barachatti, District - Gaya.

2.

Kamdev Turi @ Kamdev Kumar Son Of Sohrai Turi Resident Of Village - Dowat, P.S.- Barachatti, District - Gaya.

3.

Mahavir Turi Son Of Jafar Turi @ Jesar Turi Resident Of Village - Dowat, P.S.- Barachatti, District - Gaya.

4.

Kara Turi @ Vijay Kumar Son Of Ram Sewak Turi @ Sewak Turi Resident Of Village - Dowat, P.S.- Barachatti, District - Gaya. 5.

Gujar Turi @ Gango Turi Son Of Birju Turi Resident Of Village - Dowat, P.S.- Barachatti, District - Gaya.

6.

Rinku Turi @ Yogendra Kumar Son Of Nageshwar Turi @ Nageshar Turi @ Nageshar @ Jogendra Turi Resident Of Village - Dowat, P.S.- Barachatti, District - Gaya.

7.

Mukesh Turi @ Mukesh Kumar Son Of Nageshwar Turi @ Nageshar Turi @ Nageshar @ Jogendra Turi Resident Of Village - Dowat, P.S.- Barachatti, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 342, 323, 354(B), 324 and 376/34 of the Indian Penal Code. Allegation against the petitioners is that they along

Patna High Court CR. MISC. No.5986 of 2023(2) dt.10-04-2023 2/3 with other co-accused persons assaulted the children of the informant and their tutor. It is further alleged that they pulled out the saari of the informant and torn her blouse and attempted to commit rape upon her.

Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is specific allegation against coaccused, namely, Vikash Kumar @ Vikash Turi, Guddu Kumar @ Guddu Turi and Prakash @ Prakash Turi. Similarly situated co-accused has been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 08.02.2023 passed in Cr. Misc. No. 1852 of 2023. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two

Patna High Court CR. MISC. No.5986 of 2023(2) dt.10-04-2023 3/3 sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Barachatti P.S. Case No. 442 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T