Sultan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26303 of 2020 Arising Out of PS. Case No.-22 Year-2015 Thana- TRIVENIGANJ District- Supaul ====================================================== 1.

SULTAN DAS S/o Jalebi Das Resident of Village- Araria, P.S.- Tribeniganj, District- Supaul.

2.

Chandan Das S/o Sultan Das Resident of Village- Araria, P.S.- Tribeniganj, District- Supaul.

3.

Chhoti Das S/o Ramkisun Das Resident of Village- Araria, P.S.- Tribeniganj, District- Supaul.

4.

Aniliya Devi W/o Rajo Das Resident of Village- Araria, P.S.- Tribeniganj, District- Supaul.

5.

Mugiya Devi W/o Suresh Das Resident of Village- Araria, P.S.- Tribeniganj, District- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Ms. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-12-2020 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State, through Video Conferencing.

This application, for grant of anticipatory bail, arises out of Tribeniganj Police Station Case No. 22 of 2015, disclosing offences under Sections 147/341/323/307/509/447 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the accused persons, 12 in numbers, arrived at the

Patna High Court CR. MISC. No.26303 of 2020(2) dt.04-12-2020 2/3 land of the informant and tried to outrage the modesty of his wife and when the informant came in her rescue, all the accused persons assaulted on his head, as a result of which he became unconscious.

Learned Counsel for the petitioners submits that the petitioners have not committed any offence in the manner alleged and the police, after competition of investigation, submitted final form against these six petitioners and they were not sent up for trial and charge sheet has been submitted against rest six accused persons. He further submits that the learned Court below, while differing with the final form submitted against the petitioners, has taken cognizance against the petitioners also on 19.07.2019.

After having heard learned Counsel for the parties concerned and taking into consideration the materials on record, I am inclined to grant the petitioners privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.26303 of 2020(2) dt.04-12-2020 3/3 each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, Supaul, in connection with Tribeniganj Police Station Case No. 22 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √