Agrawal Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23489 of 2019 Arising Out of PS. Case No.-596 Year-2018 Thana- BARAUNI District- Begusarai ====================================================== 1.

Agrawal Rajak, Son of Late Sakaldhari Rajak, Resident of Village- Thakuri Chak, P.S.- Barauni (Garhara), District- Begusarai. 2.

Deena Nath Rajak Son of Late Sakaldhari Rajak, Resident of VillageThakuri Chak, P.S.- Barauni (Garhara), District- Begusarai. 3.

Ram Nath Rajak Son of Late Sakaldhari Rajak, Resident of Village- Thakuri Chak, P.S.- Barauni (Garhara), District- Begusarai. 4.

Sanni Rajak @ Sunny kumar S/o Deena Nath Rajak, Resident of VillageThakuri Chak, P.S.- Barauni (Garhara), District- Begusarai. 5.

Sunita Devi W/o Agrawal Rajak, Resident of Village- Thakuri Chak, P.S.- Barauni (Garhara), District- Begusarai.

6.

Ahilaya Devi W/o Late Kalpu Rajak, Resident of Village- Thakuri Chak, P.S.- Barauni (Garhara), District- Begusarai. 7.

Permila Devi W/o Deena Nath Rajak, Resident of Village- Thakuri Chak, P.S.- Barauni (Garhara), District- Begusarai. 8.

Preeti Kumari D/o Agrawal Rajak Resident of Village- Thakuri Chak, P.S.- Barauni (Garhara), District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sada Nand Roy For the Opposite Party/s :

Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-04-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for anticipatory bail, arises out of Barauni Police Station Case No. 596 of 2018, disclosing offences punishable under Sections 147, 323, 324, 307, 504 and 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.23489 of 2019(2) dt.11-04-2019 2/3 There is allegation against the petitioner no. 1 of having assaulted the informant and others with sickle. So far as other petitioners are concerned, there is general and omnibus allegation of assault. All of them belong to the same family. Some of them are female members of the family. Learned counsel, appearing on behalf of the petitioner, has submitted that the injury has been found to have been caused by hard and blunt substance, which belies the case of the prosecution.

In view of the above submission, this application is allowed.

Let the petitioners, above-named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each to the satisfaction of the learned C.J.M., Begusarai in connection with Barauni Police Station Case No. 596 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their

Patna High Court CR. MISC. No.23489 of 2019(2) dt.11-04-2019 3/3 part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Ashish/- U T