Renu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18878 of 2024 Arising Out of PS. Case No.-354 Year-2023 Thana- RAJAON District- Banka ====================================================== 1.

Renu Devi W/O Shankar Das R/O Village- Abdachak, P.S- Rajoun (NABADA), Distt.- Banka.

2.

Shabri Devi W/O Basudeo Das R/O Village- Abdachak, P.S- Rajoun (NABADA), Distt.- Banka.

3.

Shankar Das S/O Dilcharan Das R/O Village- Abdachak, P.S- Rajoun (NABADA), Distt.- Banka.

4.

Basudeo Das S/O Late Pairu Das R/O Village- Abdachak, P.S- Rajoun (NABADA), Distt.- Banka.

5.

Ratan Das S/O Basudeo Das R/O Village- Abdachak, P.S- Rajoun (NABADA), Distt.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the State :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-04-2024 Heard Mr. Praveen Kumar, learned counsel for the petitioners and Mr. Pradeep Narain Kumar, learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Rajoun (Nabada) P.S. Case No. 354 of 2023, F.I.R. dated 16.07.2023 for the offences punishable under Sections 341, 323, 354, 504, 506, 308 and 34 of the Indian Penal Code.

3. According to prosecution case, petitioners are said to have assaulted on the head of the informant by means of lathi.

Patna High Court CR. MISC. No.18878 of 2024(2) dt.18-04-2024 2/3

4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. He further submits that petitioners and informant are agnates and due to some petty dispute the present occurrence has taken place between the parties. He further submits that there is no specific allegation of any assault or overt act rather general and omnibus allegation attributed against all the accused persons including these petitioners.

5. Learned Additional Public Prosecutor for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioners.

6. Considering the aforesaid facts and circumstances and the fact that petitioners having clean antecedent and there is no specific allegation of any assault or overt act attributed against these petitioners, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Rajoun (Nabada) P.S. Case No. 354 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:-

Patna High Court CR. MISC. No.18878 of 2024(2) dt.18-04-2024 3/3 i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bonds of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajesh Kumar Verma, J) ajay/- U T