Ashok Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35278 of 2020 Arising Out of PS. Case No.-91 Year-2020 Thana- KHODAWANDPUR District- Begusarai ====================================================== 1.

ASHOK GIRI S/o Tun Tun Giri @ Ram Prakash Giri R/o village- Bara, P.S.- Khodawandpur, District- Begusarai 2.

ANKIT GIRI S/o Ashok Giri R/o village- Bara, P.S.- Khodawandpur, District- Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-03-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 354(B), 379 and 34 of the Indian Penal Code.

Prosecution allegation, in short, is that the accused persons assaulted the informant and her husband and also tried to outrage the modesty of the informant.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.35278 of 2020(2) dt.23-03-2021 2/2 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is a case and counter case between the parties. For petty reasons, the alleged occurrence is said to have taken place. A free fight is alleged to have taken place. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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 Magistrate, Begusarai in connection with Khodawandpur P.S. Case No. 91 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T