Ramesh Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30226 of 2019 Arising Out of PS. Case No.-32 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== 1.
RAMESH BHAGAT, Son of Naresh Bhagat Resident of Village - Daud Nagar Chakgadhi, P.S.- Bidupur, District- Vaishali 2.
Ram Dyal Bhagat @ Ram Das Bhagat, Son of Ganesh Bhagat Resident of Village - Daud Nagar Chakgadhi, P.S.- Bidupur, District- Vaishali 3.
Lal Das Bhagat Son of Ganesh Bhagat, Resident of Village - Daud Nagar Chakgadhi, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Alok For the Opposite Party/s :
Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-05-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application for anticipatory bail, arises out of Bidupur Police Station Case No. 32 of 2019, disclosing offences punishable under Sections 341, 323, 324, 307, 379, 354, 504 and 506/34 of the Indian Penal Code.
It is alleged in the First Information Report that the petitioner no. 1 had entered into the house of the informant and had misbehaved with her daughter-in-law in the night of 04.01.2019. The co-accused persons, including petitioner no. 1, are the next door neighbours. When the informant, it is alleged,
Patna High Court CR. MISC. No.30226 of 2019(2) dt.08-05-2019 2/3 complained against conduct of petitioner no. 1, next morning the co-accused persons assaulted the informant and others variously. There is allegation of assault made with sword and garasha.
Learned counsel, appearing on behalf of the petitioners, has submitted that no injury has been found to be grievous. It has also been argued that the present case is a counterblast to a previous case lodged by father of the petitioner nos. 2 and 3, registered as Bidupur P.S. Case No. 31 of 2019. He has also submitted that the petitioners and the informant are agnates and, if any, application for bail/anticipatory bail is filed in the said Bidupur P.S. Case No. 31 of 2019, the petitioners shall not oppose their prayer.
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 learned Chief Judicial Magistrate, Vaishali, Hajipur in connection with Bidupur Police Station Case No. 32 of 2019, subject to the condition laid down under
Patna High Court CR. MISC. No.30226 of 2019(2) dt.08-05-2019 3/3 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 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