Nagina Prajapati @ Nagina Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45779 of 2019 Arising Out of PS. Case No.-19 Year-2018 Thana- KATEYA District- Gopalganj ====================================================== 1.

Nagina Prajapati @ Nagina Pandit, Son of Sudarshan Prajapati Resident of Village-Tiwari Chhapra, P.S-Kateya, District-Gopalganj. 2.

Janardan Ram Son of Palakdhari Ram Resident of Village-Tiwari Chhapra, P.S-Kateya, District-Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Rai For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-07-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Kateya P.S. Case no. 19 of 2018, registered under Sections 341, 323, 354, 504, 379, 427 and 506/34 of the Indian Penal Code.

The accusation is that eight persons named in the F.I.R., including the petitioners, reached at the door of the informant Ganesh Ram and started to demolish the thatched kitchen of the informant. When informant made protest then all caused injury to the informant. At that time, petitioner No.2 Janardan Ram gave iron rod blow causing fracture injury at the

Patna High Court CR. MISC. No.45779 of 2019(2) dt.24-07-2019 2/3 left hand of the informant, when Rambha Devi, wife of informant, rushed to save him then petitioner No.1 Nagina Prajapati dragged the wife of informant by catching her hair and tried to outrage her modesty.

Learned counsel for the petitioners submits that while allegation has been made against the petitioner No.1 to cause injury to the wife of informant, but the injuries found on the person of wife of the informant are simple in nature, whereas, out of two injuries found on the person of informant one injury is grievous in nature, which is attracted against petitioner No.2.

Having regard to the facts and circumstances of the case, let the petitioner No.1, namely, Nagina Prajapati @ Nagina Pandit, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the A.C.J.M-XV, Gopalganj in connection with Kateya P.S. Case No. 19 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

So far as petitioner No.2, namely, Janardan Ram is concerned, considering the facts and circumstances of the case

Patna High Court CR. MISC. No.45779 of 2019(2) dt.24-07-2019 3/3 and the nature of allegation against the petitioner No.2, I am not inclined to grant anticipatory bail to the petitioner No.2. Accordingly, his prayer for grant of anticipatory bail stands rejected.

(Rajendra Kumar Mishra, J) manish/- U T