Sita Ram Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34094 of 2023 Arising Out of PS. Case No.-539 Year-2022 Thana- RAJAON District- Banka ====================================================== Sita Ram Das Son of Late Shankar Das Resident of Village- Kathoun, PostKathoun, PS- Rajoun, District- Banka (Bihar) PIN 813107 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shakib Ayaz, Adv.
For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and the learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Rajoun PS Case No. 539 of 2022, dated 20/11/2022 registered for the offence punishable under Sections 147,148,149,341,323,337, 307, 379, 427, 504 and 506 of the Indian Penal Code.
3. Accused persons, as per FIR, have demanded extortion Rs. 50,000/- from the informant. They have also threatened him so as to coerce him to follow a particular religion and it is also alleged that the informant, his wife and daughter have been assaulted. There is allegation of snatching of one silver chain also.
Patna High Court CR. MISC. No.34094 of 2023(2) dt.21-07-2023 2/3
4. It is submitted by the petitioner's counsel that against the petitioner, there is no specific allegation. The allegation of extortion and snatching is against other co-accused persons. In fact, the instant case is counter blast to Rajoun PS Case no. 236 of 2022, lodged by one of the accused persons. The petitioner has no antecedent and is apprehending his arrest in the above circumstance.
5. Learned APP for the State has opposed the prayer for bail.
6. Considering the rival submissions, nature of allegation and clean antecedent, this Court, for the limited purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for anticipatory bail is allowed.
7. Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Banka, in connection with Rajoun PS Case No. 539 of 2022, dated 20/11/2022, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure with
Patna High Court CR. MISC. No.34094 of 2023(2) dt.21-07-2023 3/3 following conditions:
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) shyambihari/- U T