Rajnikant Kumar @ Rajnikant Tiwari @ Ranjikant Kumar @ Ranjikant Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8229 of 2019 Arising Out of PS. Case No.-179 Year-2018 Thana- DUMARIAGHAT District- East Champaran ====================================================== Rajnikant Kumar @ Rajnikant Tiwari @ Ranjikant Kumar @ Ranjikant Tiwari, aged about 18 years, S/o Ravishankar Tiwari, Resident of VillageRampur Khajuria, P.S- Dumariyaghat, District-Easth Champran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-02-2019 Heard learned counsel for the petitioner and learned APP representing the State.

Petitioner is seeking anticipatory bail in connection with Dumariyaghat P.S. Case No. 179 of 2018 dated 21.10.2018 registered for the offences punishable under Sections 447, 341, 323, 354 (B), 379, 54, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner and the informant's family are co-sharers, they are own 'Patidars' and as per allegations on the alleged date of occurrence, i.e. 20.10.2018 when the informant's grandfathers were sitting at the door, the accused persons came there and started abusing them and thereafter assaulted them. It is alleged that this petitioner had torned the clothes of the informant and

Patna High Court Cr.Misc. No.8229 of 2019(2) dt.15-02-2019 2/3 had also assaulted her badly. Learned counsel submits that it is a case of false implication because of family disputes. The case has not been registered under Section 307 of the Indian Penal Code because no assault was found on the informant's side. The allegations under Section 354 (B) and 379 are only superimposition and additions which normally happens in family disputes. It is further submitted that there is a counter case lodged by the petitioner's side which is Annexure '2' to the present application.

Learned APP for the State is present and has opposed the prayer for bail.

Considering the facts and circumstances of the case, particularly that there is a case and counter case. the parties are own 'Patidars' and there is a submission that the allegations are mere super-imposition and additions, in case of arrest or surrender of the petitioner within a period of four weeks from today, the abovenamed petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-I, East Champaran at Motihari in connection with Dumariyaghat P.S. Case No. 179 of 2018, subject to the condition that petitioner shall join the

Patna High Court Cr.Misc. No.8229 of 2019(2) dt.15-02-2019 3/3 investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C.

(Rajeev Ranjan Prasad, J) R.R.Ojha/- U T