Mukesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43701 of 2024 Arising Out of PS. Case No.-378 Year-2022 Thana- LAXMIPUR District- Jamui ====================================================== 1.

Mukesh Das S/O Kishori Das 2.

Manoj Das S/O Late Mahadeo Das 3.

Arbind Ravidas @Arbind Das S/O Kishori Das 4.

Kundan Das S/O Ramdhari Das 5.

Durgesh Kumar Das @ Durgesh Das S/O Ganesh Das @ Kishori Das 6.

Arjun Das S/O Kishori Das 7.

Radhe Das S/O Late Sardari Das 8.

Ajay Ravidas @ Ajay Das S/O Saryug Das 9.

Bijay Das S/O Late Reba Das All are R/O Village Magahi, P.S. Laxmipur, Distt-Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar, Advocate For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-07-2024 Heard learned counsel appearing on behalf of the petitioners and the learned APP for the State.

2. Petitioners seek pre-arrest bail in connection with Laxmipur P.S.Case No.378/2022, registered for the offences punishable under Sections 147, 149, 323, 307, 354, 354(B), 379, 312 and 506 of the Indian Penal Code.

3. As per the allegation made in the FIR, the petitioners with a common intention tried to kill all the family members of the informant, causing injury on different parts of

Patna High Court CR. MISC. No.43701 of 2024(2) dt.24-07-2024 2/3 the body, as well as, outraged the modesty of the informant.

4. Learned counsel appearing on behalf of the petitioners submitted that there is case and counter case between the parties. Petitioners' side has lodged FIR first alleging therein that the informant of the said FIR has sustained grievous injury on the head whereas to defend themselves (informant of the present case), the petitioners have been made accused on the basis of the frivolous allegations. The specific allegation against the petitioner nos. 7, 8 and 9 is that they had outraged the modesty of the informant by disrobing her, which is ornamental in nature. While in absence of any injury being found on the person of the informant and on her family members, no case as alleged is made out against the petitioners.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

6. Having considered the rival submissions made on behalf of the parties, as well as, there is case and counter case between the parties, the petitioners are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.43701 of 2024(2) dt.24-07-2024 3/3 learned CJM, Jamui/concerned court in connection with Laxmipur P.S.Case No.378 of 2022, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

7. The court below is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U