Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33120 of 2023 Arising Out of PS. Case No.-356 Year-2022 Thana- HARSIDHI District- East Champaran ====================================================== 1.
BUNELA RAUT @ BUNDELA RAUT @ BULENA @ BUNELA Son of Late Singhashan Raut Resident of village - Chintamanpur, P.S. - Malahi, Distt. - East Champaran, Motihari 2.
Binod Raut Son of Late Singhashan Raut Resident of village - Chintamanpur, P.S. - Malahi, Distt. - East Champaran, Motihari ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 33299 of 2023 Arising Out of PS. Case No.-356 Year-2022 Thana- HARSIDHI District- East Champaran ====================================================== 1.
RAJA KUMAR Son of Bundel Raut @ Bundela Raut @ Bulena @ Bunela Resident of Village Chintamanpur PS- Malahi, District- East Champaran, Motihari 2.
Ranjit Kumar Son of Horil Raut Resident of Village- Ejara, PS- Sangrampur, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 33120 of 2023) For the Petitioner/s :
Mr. Sharda Nand Mishra For the Opposite Party/s :
Ms. Asha Kumari (In CRIMINAL MISCELLANEOUS No. 33299 of 2023) For the Petitioner/s :
Mr. Sharda Nand Mishra For the Opposite Party/s :
Ms. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-07-2023 As both these bail applications have cropped up from the same police station case number, hence, with consent of
Patna High Court CR. MISC. No.33120 of 2023(2) dt.21-07-2023 2/3 parties, they are being heard together and disposed of by this common order.
2. Heard learned counsel for the petitioners and learned A.P.P. for the State.
3. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 366/34 of the Indian Penal Code.
4. As per the prosecution case, There is allegation in the FIR that co-accused Tarak Kumar has enticed away the daughter of the informant from the house of the informant. When the informant enquired about her daughter, then these petitioners along with other accused abused the informant and threatened them to kill.
5. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that in the statement u/s 164 of the Cr.P.C. victim herself stated that she went before the co-accused Tarak Kumar and she went along with co-accused Ranjit Kumar, Tapan Kumar, Vinod Rawat, Munni Lal Sah and there is no specific allegation against the petitioners and the
Patna High Court CR. MISC. No.33120 of 2023(2) dt.21-07-2023 3/3 petitioners have no concern to the affair between daughter of the informant and co-accused Tarak Kumar. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
6. Learned APP for the State opposes prayer for anticipatory bail.
7. Having regard to the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Harsidhi P.S. Case No.356 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T