Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38435 of 2019 Arising Out of PS. Case No.-233 Year-2014 Thana- BELDOUR District- Khagaria ====================================================== 1.

RAKESH KUMAR Son of Dhananjay Yadav Resident of Village - Mali, P.S.- Beldaur, District - Khagaria 2.

Punam Kumari Daughter of Dhananjay Yadav Resident of Village - Mali, P.S.- Beldaur, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishweshwar Ram For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-06-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 353,504/34 IPC registered in connection with Beldaur P.S. Case No. 233/2014.

3. It is submitted that the petitioners have been falsely implicated and the thrust of accusation is against co-accused Manoj Yadav. The accusation of assault is general and omnibus in nature as concerns the petitioners. The FIR has been lodged with oblique motive as the mother of the petitioners is an Aanganwadi Sevika while the informant is C.D.P.O. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of Mr. P.C.Verma, learned J,.M. Ist Class, Khagaria, in connection with Beldaur P.S. Case No. 233/2014, subject to the conditions as laid down under

Patna High Court CR. MISC. No.38435 of 2019(2) dt.28-06-2019 2/2 Section 438 (2) Cr.P.C. and also subject to the following further conditions:

i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T