Santosh Rajak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35139 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- SHANKARPUR District- Madhepura ====================================================== 1.
Santosh Rajak SON OF LATE NATHAN RAJAK R/O VILLAGE- Kolhua, Ward no 17, P.S.-Shankarpur, DIST- MADHEPURA 2.
BABY KUMARI WIFE OF SANTOSH RAJAK R/O VILLAGE- Kolhua, Ward no 17, P.S.-Shankarpur, DIST- MADHEPURA ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjay Kumar Singh For the Opposite Party/s :
Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-08-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case in connection with Shankarpur P.S. Case No. 01/2024 dated 01.01.2024 registered for the offences punishable under sections 341, 323, 324, 327, 379, 354B, 385, 387, 307, 504, 506, 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioners and coaccused persons are alleged to have demanded Rs. 2,00,000/- as ransom. When the informant protested, the co-accused persons abused him and the petitioner Santosh Rajak assaulted with sword causing injury on the head of the informant. When the
Patna High Court CR. MISC. No.35139 of 2024(3) dt.02-08-2024 2/3 daughter-in-law came to rescue, they brutally assaulted her and tore her clothes as a result she became nude and also snatched her silver ornaments.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case due to land dispute. It is further submitted that the injury is stated to be simple in nature. There is case and counter case between the parties. The petitioner no. 2 is lady. Similarly situated co-accused has already been granted bail by this court vide order dated 07.05.2024 passed in Cr. Misc. No. 33079 of 2024. The petitioners have clean antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Madhepura in connection with Shankarpur P.S. Case No. 01/2024, subject to conditions as laid down under Section 438(2) of the Code of
Patna High Court CR. MISC. No.35139 of 2024(3) dt.02-08-2024 3/3 Criminal Procedure.
7. This application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T