Ganesh Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45752 of 2024 Arising Out of PS. Case No.-119 Year-2024 Thana- BARBIGHA District- Sheikhpura ====================================================== 1.
Ganesh Bind SON OF DASO BIND VILLAGE- PINJRI, PS- BARBIGHA, DIST- SHEIKHPURA 2.
CHANDAN BIND SON OF DASO BIND VILLAGE- PINJRI, PSBARBIGHA, DIST- SHEIKHPURA 3.
KARKU BIND @ KARAKU BIND SON OF DASO BIND VILLAGEPINJRI, PS- BARBIGHA, DIST- SHEIKHPURA 4.
RAHUL KUMAR SON OF GANESH BIND VILLAGE- PINJRI, PSBARBIGHA, DIST- SHEIKHPURA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumari Anupam , Advocate For the Opposite Party/s :
Mr. Shailendra Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-09-2024 1 . The bail application of petitioner No. 4 has already been withdrawn Vide order dated 07.08.2024 .
2. Heard learned counsel for the petitioner Nos. 1 , 2 and 3 and the State .
3 . Petitioners apprehend their arrest in a case registered for the offence punishable under sections 448 , 341 , 323 , 325 , 354, 354 (A) , 354 ( B ), 379, 427, 504, 506 and 34 of the Indian Penal Code .
4. As per prosecution case , on the alleged date and time of occurrence , these petitioners came at the house of
Patna High Court CR. MISC. No.45752 of 2024(3) dt.05-09-2024 2/3 informant, assaulted informant and others, damaged household articles and on protest by informant, petitioner No. 3 Karku Bind outraged the modesty of informant.
5 . It is submitted on behalf of the petitioners that the petitioners are innocent and have falsely been implicated in this case . Allegation of assault is general and omnibus against these petitioners. Injury allegedly caused by these petitioners is simple in nature . Rest of the allegations are ornamental in nature . Petitioners claim clean antecedent.
6 Learned counsel for the State opposed the bail petition and submitted that specific accusation of outraging the modesty of informant is against petitioner No. 3 Karku Bind.
7. Considering the fact that specific accusation of outraging the modesty of informant is against petitioner No. 3 Karku Bind, his prayer for pre-arrest bail is rejected. 8 . Considering the fact that allegation against petitioner Nos. 1 and 2 is general and omnibus , clean antecedents of petitioner Nos. 1 and 2 and other circumstances of the case, in the event of arrest or surrender within eight weeks from today, let the petitioner Nos. 1 and 2, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like
Patna High Court CR. MISC. No.45752 of 2024(3) dt.05-09-2024 3/3 amount each to the satisfaction of the learned CJM Sheikhpura in connection with Barbigha P.S. Case No. 119 of 2024 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J) Koushik/- U T