Manoj Gorh @ Manoj Gond And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.559 of 2018 Arising Out of PS.Case No. -248 Year- 2017 Thana -CHAINPUR District- BHABHUA (KAIMUR) ======================================================
1. Manoj Gorh @ Manoj Gond
2. Santosh Gorh Both sons of Dasami Gorh,
3. Dasami Gorh son of Late Mahturi Gorh, All resident of village- Fakrabad, P.S.- Chainpur, District- Kaimur at Bhabua.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Parwej Khan, Advocate For the State : Mr. Panchanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-01-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Chainpur P.S. Case No.248 of 2017 registered under Sections 341, 323, 379 and 504/34 of the Indian Penal Code (for short 'the I.P.C.').
It is submitted by the learned counsel for the petitioners that the informant had earlier filed a complaint vide Complaint Case No. 740 of 2013 against her in-laws under Section 498A, 323 and 406 of the I.P.C in the court of Chief Judicial Magistrate, Kaimur at Bhabua. However cognizance was taken under Section
Patna High Court Cr.Misc. No.559 of 2018 (2) dt.11-01-2018 2/2 498A of the Indian Penal Code which ultimately ended into acquittal due to lack of evidence. He submitted that thereafter the instant case has been instituted against the petitioners making false allegations and the injury report would make it manifest that the injuries sustained by the injured were all simple and superficial in nature.
On the other hand, learned counsel for the State submitted that the petitioners are named in the FIR and they are alleged to have assaulted the informant and her family members. Regard being had to the facts and circumstances of the case and the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Kaimur at Bhabua in connection with Chainpur P.S. Case No. 248 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J) Md.S./- U T