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Patna High CourtCR. MISC./72857/2018allowed

Bangali Ravidas And ANR v. State Of Bihar And ANR

2019-03-13Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72857 of 2018 Arising Out of PS. Case No.-1068 Year-2017 Thana- COMPLAINT CASE District- Jamui * ====================================================== 1.

Bangali Ravidas, S/o-Late Bino Ravidas, 2.

Vikash Kumar, S/o-Ram Ravidas, Both are Resident of Village-Bharatpur, Police Station-Sono, District-Jamui, ... ... Petitioners

Versus

1.

State Of Bihar, 2.

Noorjahan Khatoon, W/o-Kamal Ansari, Both are Resident of VillageBharatpur, Police Station-Sono, District-Jamui, ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-03-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Complaint Case No. 1068 (C) of 2017, registered under Sections 147, 148, 149, 323, 504, 506, 452, 386, 380 & 354 of the Indian Penal Code.

The accusation is that on 02.08.2017 at 12.00 noon, ten persons named in the complaint petition, including the petitioners, variously armed with weapons came at the door of complainant and entered in the house after dashing the door and started to abuse and committed Marpit with the complainant. At

Patna High Court CR. MISC. No.72857 of 2018(3) dt.13-03-2019 2/3 that time, petitioner no.1 Bangali Ravidas asked to commit loot and outraged her modesty. Thereafter, all started to commit scuffle with the complainant. In the meantime, Kamal Ansari, husband of the complainant rushed there then Naresh Ravidas caused injury to him through butt of the pistol and petitioner Nos. 1 and 2 tried to unfold her sari. At that time co-accused Balmukund Ravidas took cash of Rs. 10,000/- after breaking the box, Moshila Devi and Chiraiya Devi laid the complainant on the ground by catching her hair. Thereafter, Darsi Devi and Pari Devi took her silver ornaments. The cause of occurrence is that, in rainy season, water of house of complainant and other villagers used to go in the field of the accused.

Learned counsel for the petitioners submits that, in fact, petitioner no.1 had lodged Complaint Case No. 859 © of 2017 in the Court of Chief Judicial Magistrate, Jamui on 04.07.2017 and due to that reasons, the complainant/O.P. No. 2 lodged the present case against the petitioners and other. The petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail

Patna High Court CR. MISC. No.72857 of 2018(3) dt.13-03-2019 3/3 bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jamui in connection with Complaint Case No. 1068 (C) of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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