Suraj Tiwari @ Suraj Nath Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27195 of 2021 Arising Out of PS. Case No.-420 Year-2019 Thana- KHAIRA District- Saran ====================================================== 1.

Suraj Tiwari @ Suraj Nath Tiwari S/o Harihar Tiwari R/o Village Dhup Nagar, P.S. Khaira, District Saran.

2.

Jyoti Devi W/o Suraj Tiwari R/o Village Dhup Nagar, P.S. Khaira, District Saran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Anant Kumar Bhaskar, Advocate For the Opposite Party/s :

Mr. H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in Khaira P.S. Case No.420 of 2019, registered for the offences punishable under Sections 341, 323, 354, 504, 379 and 34 of the Indian Penal Code. Later on, Section 302 of the Indian Penal Code was added. Petitioner No.1 is said to have tried to commit rape upon the informant and snatched her chain made of gold and Petitioner No.2 is said to have abused and assaulted the informant. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is further submitted that from perusal of the injury report, it transpires that the injuries are simple in nature caused by

Patna High Court CR. MISC. No.27195 of 2021(3) dt.04-07-2022 2/2 hard and blunt substance. It is submitted that the death was caused due to road accident and she was treated in Sadar Hospital, Chhapra. Thereafter the informant was referred to PMCH, Patna. This fact has also come in the case diary.

The learned APP opposed the prayer for anticipatory bail of the petitioners.

Taking into consideration the fact the death was caused due to road accident and this fact has also come in the case diary, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saran at Chapra in connection with Khaira P.S. Case No.420 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J.) Sanjay/- U T