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Patna High CourtCR. MISC./7413/2020bail granted

Taramuni Devi @ Tara Devi v. The State Of Bihar

2020-03-02Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7413 of 2020 Arising Out of PS. Case No.-25 Year-2019 Thana- INARWA District- West Champaran ====================================================== 1.

TARAMUNI DEVI @ TARA DEVI W/o Anirudh Ram @ Anrudh Ram R/o village- Jhajhari, P.S.- Inarwa, District- West Champaran 2.

Anirudh Ram @ Anrudh Ram S/o Indrasan Ram R/o village- Jhajhari, P.S.- Inarwa, District- West Champaran ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-03-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are seeking anticipatory bail in connection with Inarwa P.S. Case No. 25/2019 registered under Sections 341, 323, 324, 308, 504, 506/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the alleged occurrence is said to have been taken place on 14.03.2019 whereas the First Information Report has been lodged on 09.04.2019 and prior to that the victim boy was being treated which is evident from Annexure '2' showing that on 01.04.2019 the boy was examined by the doctor who

Patna High Court CR. MISC. No.7413 of 2020(2) dt.02-03-2020 2/3 found abrasion present on his penis and there was an old cut mark and the nature of injury was found to be simple. Learned counsel further submits that the victim boy was riding on bicycle from which he fell down and sustained injury for which he was being treated but later on this case has been lodged implicating the petitioners. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners. Considering the facts and circumstances of the case, the submission of learned counsel for the petitioners that the alleged occurrence is said to have been taken place on 14.03.2019 whereas the First Information Report has been lodged on 09.04.2019 and prior to that the victim boy was being treated which is evident from Annexure '2' showing that on 01.04.

Patna High Court CR. MISC. No.7413 of 2020(2) dt.02-03-2020 3/3 petitioners, in the event of their arrest/surrender before the court below within a period of four weeks, be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate - 1st Class, Bettiah, West Champaran, in connection with Inarwa P.S. Case No. 25/2019, subject to condition as laid down under Section 438(2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) Rajeev/- U T