Laxman Kumar @ Laxman Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.182 of 2021 Arising Out of PS. Case No.-390 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

Laxman Kumar @ Laxman Thakur S/o Tarri Thakur Resident of VillageChanayaban, P.S.- Majhaulia, Distt- West Champaran 2.

Dhrub Patel S/o Bhikhari Patel Resident of Village-Chanayaban, P.S.- Majhaulia, Distt- West Champaran.

3.

Sinku Patel S/o Dhrub Patel Resident of Village- Chanayaban, P.S.- Majhaulia, Distt- West Champaran.

4.

Shailendra Patel S/o Late Babu Patel Resident of Village- Balther, P.S.- Bhaunara, Distt- West Champaran.

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Rakesh Kumar For the Respondent/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-10-2021 The appellants have challenged the order dated 21.09.2020 passed by the 1st Additional District & Sessions Judge-cum-Special Judge (SC/ST), Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 390 of 2020 instituted for the offences under Sections 341, 323, 354(B), 504, 379, 34 of the Indian Penal Code and Section 3(1)(r) of the SC & ST (Prevention of Atrocities) Act, 1989, whereby their prayer for being released on anticipatory bail has been

Patna High Court CR. APP (SJ) No.182 of 2021(2) dt.27-10-2021 2/3 rejected.

It is alleged that when the informant went to save her husband who was assaulted by the appellants and co-accused Rakesh Patel, it is alleged that coaccused Rakesh Patel torn her blouse and misbehaved with her. It is further alleged that he also snatched gold chain and mangal sutra of the informant.

Learned counsel for the appellants submits that the allegation against the appellants is omnibus and general and the specific accusation is against Rakesh Patel. Moreover, the occurrence has not taken in public view. A statement has been made in para 3 of the petition that appellants have no criminal antecedent. Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 21.09.2020.

The appellants, above named are directed to be released on bail in the event of his arrest or surrender within a period of four weeks from today and on their

Patna High Court CR. APP (SJ) No.182 of 2021(2) dt.27-10-2021 3/3 furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional District & Sessions Judge-cum-Special Judge, SC/ST Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 390 of 2020.

(Sunil Kumar Panwar, J) Shageer/- U T