Gorakh Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35671 of 2021 Arising Out of PS. Case No.-159 Year-2020 Thana- BHORE District- Gopalganj ====================================================== 1.

GORAKH BHAGAT Son of Ramdayal Bhagat Resident of Village - Imiliya, P.S.- Bhorey, District - Gopalganj 2.

Suganti Devi Wife of Rajendra Bhagat Resident of Village - Imiliya, P.S.- Bhorey, District - Gopalganj 3.

Soni Devi Daughter of Rajendra Bhagat Resident of Village - Imiliya, P.S.- Bhorey, District - Gopalganj 4.

Chandani Kumari @ Chadani Kumari Daughter of Rajendra Bhagat Resident of Village - Imiliya, P.S.- Bhorey, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajeet Bhushan, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 504, 506, 376, 511 and 34 of the Indian Penal Code.

Allegation is that the co-accused Rajendra Bhagat attempted to commit rape upon the victim and the petitioners assaulted the victim and tore her clothes.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.35671 of 2021(2) dt.04-04-2022 2/2 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The allegation of attempt to rape is alleged against the co-accused, namely, Rajendra Bhagat. No such allegation has been made against the petitioners. The allegations against the petitioners are general and omnibus in nature. Petitioner Nos.2 to 4 are ladies.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gopalganj in connection with Bhorey P.S. case No.159/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T