Chhotu Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40014 of 2023 Arising Out of PS. Case No.-42 Year-2023 Thana- MEHANDIA District- Jehanabad ====================================================== CHHOTU RAJBANSHI S/O SIYARAM RAJBANSHI @ HARERAM RAJBANSHI R/O VILLAGE- KATESAR P.S.RAMPUR CHAURAM DISTRICT ARWAL ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr.Lalan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 19-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Mehandia P.S. Case No. 42 of 2023 registered for the offences punishable under Sections 323, 341 and 307 of the Indian Penal Code.

3. As per prosecution case, petitioner assaulted the informant by means of danda and pressed her neck with long scarf (dupatta) leading to her unconsciousness and threw her in the bush situated near Belsar Sun Temple from where informant was recovered by police.

4. Learned counsel for the petitioner submits that petitioner is quite innocent and has committed no offence as

Patna High Court CR. MISC. No.40014 of 2023(2) dt.19-07-2023 2/3 alleged against him in F.I.R. and he has falsely been implicated in the present case on account of some difference between the couple. He further submits that on account of scuffle the informant herself left the matrimonial house in the night of alleged date of occurrence i.e. 11.02.2023 but due to darkness she hide herself in bush for her safety. He further submits that petitioner is in custody since 27.02.2023 and bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence.

5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal in connection with Mehandia P.S. Case No.

Patna High Court CR. MISC. No.40014 of 2023(2) dt.19-07-2023 3/3 42 of 2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) alok/- U T