Tulo Rabidas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41105 of 2018 Arising Out of PS.Case No. -267 Year- 2015 Thana -KHAIRA District- JAMUI ======================================================

1. Tulo Rabidas Son of Late Kishun Rabidas, resident of VillageBishanpur, P.S.- Khaira, District- Jamui (Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Ram Naresh Ray, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-08-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Khaira P.S.Case No. 267 of 2015, registered for offences punishable under Sections 448, 324 and 307/34 of the Indian Penal Code.

As per F.I.R., allegation against the petitioner along with other accused persons is of assault to the informant by iron rod and when the informant tried to save himself, causing cut of three fingers of left hand and when the wife of the informant tried to save her husband, she was also stabbed with knife on her abdomen, causing injury.

Submission of the learned counsel for the petitioner is that the materials collected during course of investigation shows that there is a previous enmity between the parties and injuries are simple in nature and only for the purpose of save his skin, the

Patna High Court Cr.Misc. No.41105 of 2018 (3) dt.03-08-2018 2/2 petitioner has been implicated in this case, rather the petitioner has never been involved in this case. It is also submitted that after investigation, police submitted the final form against the petitioner and charge sheet has been submitted only against co-accused, Dhobi Rabidas thereafter, the cognizance was taken against the petitioner.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, surrenders be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamu in connection with Khaira P.S.Case No. 267 of 2015, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (Vinod Kumar Sinha, J) Sudha/- U T