Vijay Sonar @ Vijay Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34202 of 2021 Arising Out of PS. Case No.-118 Year-2020 Thana- THAKRAHA District- West Champaran ====================================================== 1.

Vijay Sonar @ Vijay Verma S/O Nand Lal Sonar R/O Village-Bel Vari Patti, P.S.-THAKRAHA, District-West Champaran.

2.

Vishwamitra Sonar S/O Nand Lal Sonar R/O Village-Bel Vari Patti, P.S.- THAKRAHA, District-West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Milind Kumar Mishra, Advocate For the State :

Mr.Ganesh Pd. Singh, APP For the informant :

Mr. Arvind Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-11-2021 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

Counsel for the petitioners seeks permission to withdraw the present application on behalf of petitioner No.1, as the petitioner No.1 has been taken into judicial custody. Permission is accorded.

The application filed on behalf of petitioner No.1 is dismissed as withdrawn.

The petitioner No.2 is apprehending his arrest in

Patna High Court CR. MISC. No.34202 of 2021(2) dt.17-11-2021 2/3 connection with Thakraha P.S. case No.118 of 2020 registered under Sections 147, 149, 341, 323, 324, 325, 379, 448, 504 of the Indian Penal Code.

Allegation is that the accused persons including the petitioner No.2 variously armed came and abused the informant and attacked upon her. Her husband came to save her, coaccused Rajeshwar Sonar inflicted farsa on his head, due to which her husband sustained head injury and blood started oozing and co-accused Vijay Sonar assaulted the informant by iron rod, due to which her left hand was fractured. It has been submitted on behalf of the petitioner No.2 that the petitioner No.2 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner No.2. The petitioner No.2 has falsely been implicated in the present case. General and omnibus allegation has been made against petitioner No.2. No specific overt act is alleged against petitioner No.2. Specific allegation of assault is alleged against petitioner No.1 and co-accused Rajeshwar Sonar. On behalf of the State and learned counsel for the informant, it is submitted that the petitioner No.2 is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case,

Patna High Court CR. MISC. No.34202 of 2021(2) dt.17-11-2021 3/3 the petitioner No.2, 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 Sri P.K. Sharma, Judicial Magistrate I, Bagaha, West Champaran in connection with Thakraha P.S. case No.118 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T