Chandrika Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1351 of 2021 Arising Out of PS. Case No.-117 Year-2020 Thana- PARWALPUR District- Nalanda ====================================================== 1.

CHANDRIKA GOPE Son of LATE FAGU GOPE Resident of Village - Kalyanpur, Police Station - Parwalpur, District - Nalanda 2.

Karu Gope Son of Chandrika Gope Resident of Village - Kalyanpur, Police Station - Parwalpur, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-06-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code.

The prosecution allegation, in short, is that on the point of the pistol, the accused persons assaulted the informant due to which he sustained injury.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.1351 of 2021(2) dt.25-06-2021 2/3 there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. As far as petitioner no. 1 is concerned, he is said to have committed offence under section 379 IPC but no stolen property is said to have been recovered from the possession of petitioner no. 1. As far as petitioner no. 2 is concerned, he fired upon the victim but that did not hit him. Hence, no injury is said to have been caused by petitioner no. 2. Due to previous enmity, the present false case has been instituted against the petitioners.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances and also the lockdown, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned A.C.J.M., Hilsa, Nalanda in connection with Parwalpur P.S. Case No. 117 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.1351 of 2021(2) dt.25-06-2021 3/3 two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T