Bali Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3750 of 2021 Arising Out of PS. Case No.-32 Year-2020 Thana- SRINAGAR District- West Champaran ====================================================== 1.

Bali Bin Son Of Late Bhikhari Bin Resident Of Village - Jagdishpur Paterwa, Police Station - Shrinagar (PUJAHAN), District - West Champaran.

2.

Tara Devi Wife Of Bali Bin Resident Of Village - Jagdishpur Paterwa, Police Station - Shrinagar (PUJAHAN), District - West Champaran. 3.

Dashrath Bin Son Of Bali Bin Resident Of Village - Jagdishpur Paterwa, Police Station - Shrinagar (PUJAHAN), District - West Champaran. 4.

Ajay Patel Son Of Budhan Patel Resident Of Village - Jagdishpur Paterwa, Police Station - Shrinagar (PUJAHAN), District - West Champaran. 5.

Triveni Bin Son Of Bali Bin Resident Of Village - Jagdishpur Paterwa, Police Station - Shrinagar (PUJAHAN), District - West Champaran. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-07-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, ,325, ,307, ,379, 448, 504, 506 and 34 of the Indian Penal Code. The prosecution allegation, in short, is that the accused

Patna High Court CR. MISC. No.3750 of 2021(2) dt.26-07-2021 2/3 persons came to the house of the informant to threaten him not to give evidence and on denial by the informant, the accused persons assaulted the informant and family members due to which they sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is a case and counter case between the parties. A free fight is alleged to have taken place. Both the sides are said to have received injuries. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands. The petitioner no.2 is a lady. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances and also the lockdown, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Shrinagar (Pujahan) P.S. Case No. 32 of 2020, subject to the

Patna High Court CR. MISC. No.3750 of 2021(2) dt.26-07-2021 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T