Rajendra Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10777 of 2024 Arising Out of PS. Case No.-200 Year-2023 Thana- ITARHI District- Buxar ====================================================== 1.

Rajendra Pal S/o Nandlal Pal 2.

Rakesh Pal S/o Nandlal Pal 3.

Sukhdev Pal @ Sukhu Pal S/o Bechan Pal 4.

Nandlal Pal S/o Bechan Pal 5.

Bechan Pal S/o Late Ram Govind Pal 6.

Kalawati Devi W/o Bihari Pal 7.

Yashoda Devi W/o Nandlal Pal All R/o Vill - Atarauna, P.S. - Itarhi, Dist. - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shankar Pathak, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-04-2024

1. Heard learned counsel for the parties.

2. The petitioners in this application pray for anticipatory bail apprehending their arrest in connection with Itarhi P.S. Case no.200 of 2023 registered for the offence punishable under sections 307, 147, 149, 341, 323, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, the informant states that the accused persons including the petitioners herein assaulted her leading to the F.I.R.

4. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.10777 of 2024(4) dt.26-04-2024 2/3 the petitioners have been falsely implicated in the case with a general and omnibus allegation. There is case and counter case between the parties and the manner of occurrence has correctly been stated in the F.I.R. annexed as Annexure-2. The petitioners have no criminal antecedent and undertake to cooperate in the investigation/trial. It is further submitted in reference to the so called injury report of Lilawati Devi that she is said to have received a lacerated injury on her head. Thus, it is clear that the allegation of assault by so many accused persons made in the F.I.R. is not supported from the injury report.

5. The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. Learned counsel for the informant, not opposing the bail of the petitioners, has made his submissions.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the submissions made on behalf of the petitioners together with the petitioners not having any criminal antecedent, it is directed that the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Itarhi P.S. Case no.200 of 2023 on each of them furnishing bail bond

Patna High Court CR. MISC. No.10777 of 2024(4) dt.26-04-2024 3/3 of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Buxar, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Partha Sarthy, J) Saurabh/- U T