Sony Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21210 of 2020 Arising Out of PS. Case No.-137 Year-2019 Thana- RAJPUR District- Rohtas ====================================================== SONY PANDEY Son of Raj Vansh Pandey Resident of Village - Kusumhara, P.S.- Rajpur, Distt.- Rohtas.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Adv. Mr.Priyadarshi Matri Sharan, Adv For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 28-08-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsel are appearing and making submissions from their residence. The Court master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Heard learned Senior counsel for the petitioner and the learned APP for State.

Petitioner apprehends his arrest in connection with Rajpur P.S. Case No. 137 of 2019 instituted for the offence under Section(s) 341,323,354,379,504 and 506/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.21210 of 2020(2) dt.28-08-2020 2/3 The allegation against the petitioner is of tearing the blouse and sari of daughter- in-law of the informant when she allegedly intervened in the scuffle which was going on between the "Gotias" (agnates).

It is submitted that due to pre existing property dispute other false cases have also been lodged against the petitioner and his family by the informant. The other co-accused, namely, Satyendra Pandey @ Satendra Pandey and Dharmendra Pandey @ Dharmendra Kumar Pandey have been allowed anticipatory bail in Cr. Misc. no. 10836 of 2020. Prayer has been made also on grounds of parity with these co- accused persons. It is further submitted that being "Gotiyas" the allegation of disrobing is highly improbable. Petitioner has no criminal antecedents.

Learned APP for the State opposed the prayer for bail. Considering the aforesaid facts, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner before the court below, named above, within four (04) weeks from today, he shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Bikramganj, Rohtas in connection with Rajpur

Patna High Court CR. MISC. No.21210 of 2020(2) dt.28-08-2020 3/3 P.S. Case No. 137 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U