Pawan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54347 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- JURAWANPUR District- Vaishali ====================================================== 1.
PAWAN KUMAR SON OF RAJENDRA BHAGAT VILLAGE PAHARPUR PURVI PS JURAWANPUR DISTRICT VAISHALI 2.
PAPPU KUMAR SON OF RAJENDRA BHAGAT VILLAGE PAHARPUR PURVI PS JURAWANPUR DISTRICT VAISHALI 3.
SUBODH BHAGAT SON OF RAJENDRA BHAGAT VILLAGE PAHARPUR PURVI PS JURAWANPUR DISTRICT VAISHALI 4.
SANTOSH BHAGAT @ SANTOSH KUMAR BHAGAT SON OF RAJENDRA BHAGAT VILLAGE PAHARPUR PURVI PS JURAWANPUR DISTRICT VAISHALI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Bela Singh, Adv.
For the Opposite Party/s :
Mr.Mithlesh Kumar Khare, APP For the Informant :
Mr.Ravindra Kumar @ Ravindra Kumar Rai, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2023 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant.
2. The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 354, 307, 379, 504, 506, 427, 34 of the IPC.
3. Allegations against the petitioners is that they armed with deadly weapons assaulted the informant, her niece and brother with iron rod etc. and outraged modesty of the informant and her niece.
Patna High Court CR. MISC. No.54347 of 2023(2) dt.31-08-2023 2/3
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. Allegation against the petitioner no.2 is that he assaulted one Raju Kumar, whose injury was found simple in nature, allegation against petitioner no.4 is of taking away household articles from the house of the informant and there is general and omnibus allegation against the other petitioners. Petitioner no.3 has no criminal antecedent, petitioner nos.1, 2 and 4 have two criminal antecedent and several similarly situated co-accused have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 23.08.2023 passed in Cr. Misc. No.51457 of 2023.
5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, since the similarly situated co-accused have been granted bail, 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 six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two
Patna High Court CR. MISC. No.54347 of 2023(2) dt.31-08-2023 3/3 sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Jurawanpur P.S. Case No.40 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T