Gena Gond v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24516 of 2020 Arising Out of PS. Case No.-15 Year-2020 Thana- ASANWA District- Siwan ====================================================== 1.
Gena Gond Son of Late Munnilal Gond Resident of village - Barhara, P.S. Asaon, District- Siwan.
2.
Ram Nath Gond Son of Late Munnilal Gond Resident of village - Barhara, P.S. Asaon, District- Siwan.
3.
Munna Gond Son of Late Fulena Gond Resident of village - Barhara, P.S. Asaon, District- Siwan.
4.
Raju Gond Son of Late Fulena Gond Resident of village - Barhara, P.S. Asaon, District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Naresh Prasad For the Opposite Party/s :
Mr.P.K.Pandey,APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.
01-10-2020 Heard learned counsel for the parties through video conferencing.
The petitioners apprehend their arrest in Asaon P.S. Case No. 15 of 2020 registered for the offence under Sections 341, 323, 379, 354(B), 504, 506 of the Indian Penal Code. As per the prosecution case, all the petitioners alongwith one co-accused Gorakh Gond, on 09-02-2020 at about 11:00 AM, assaulted the informant by fists and slaps. It is further alleged that petitioner no. 3 Munna Gond snatched golden chain from the neck of informant. It is further alleged that petitioner no. 2 (Ram Nath Gond) and petitioner no. 4 (Raju
Patna High Court CR. MISC. No.24516 of 2020(2) dt.01-10-2020 2/3 Gond) tried to untie the cloth of informant and torn her blouse. It is submitted on behalf of petitioners that petitioners are innocent and have committed no offence and due to land dispute, petitioners have been falsely implicated in this case. Petitioners have no criminal antecedent.
However, learned A.P.P. for the State has vehemently opposed the bail application and submits that there is specific allegation against petitioner no. 2 and petitioner no. 4 that they have tried to outrage the modesty of the informant. Considering the specific allegation against petitioner no. 2 (Ram Nath Gond) and petitioner no. 4 (Raju Gond), I am not inclined to grant them anticipatory bail. Accordingly, this bail application, so far as petitioner no. 2 & 4 are concerned, stands rejected.
So far as petitioner no. 1 (Gena Gond) and petitioner no. 3 (Munna Gond) are concerned, there are general and omnibus allegation against them. Accordingly, in the event of arrest or surrender within a period of eight weeks from the date receipt/production of copy of this order, let the above-named petitioner no. 1 & 3 be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial
Patna High Court CR. MISC. No.24516 of 2020(2) dt.01-10-2020 3/3 Magistrate, Siwan in connection with Asaon P.S. Case No. 15 of 2020, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Singh, J.) anay/- U T