Awadhesh Prasad Soni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17960 of 2020 Arising Out of PS. Case No.-260 Year-2019 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== 1.
AWADHESH PRASAD SONI Son of Late Bavelal Soni Resident of Village - Purani Chowk, P.S.- Gopalganj, District- Gopalganj 2.
Shipu Soni Son of Awadhesh Prasad Soni, represented through his mother namely Suganti Devi wife of Awadhesh Prasad Soni, Resident of Village - Purani Chowk, P.S.- Gopalganj, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjan Kumar Srivastava For the State :
Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-07-2020 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 447, 448, 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code.
Allegedly, while the informant was sleeping in her room, the accused persons having Dab in their hands, came and thrashed her by catching her hair and with a view to kill her, the
Patna High Court CR. MISC. No.17960 of 2020(2) dt.15-07-2020 2/3 accused person inflicted Dab on her head but in course of saving, she sustained injury on her head. It is further alleged that when her husband came to rescue, he was also assaulted. 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. The petitioners have been falsely implicated in the present case. There is case and counter case between the parties. For a petty reason, free fight is alleged to have taken place between the parties. The nature of injury is said to be simple. No offence u/S 307 of the Indian Penal Code is made out. 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 eight weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj (Town) P.S. Case No. 260 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Patna High Court CR. MISC. No.17960 of 2020(2) dt.15-07-2020 3/3 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