Phoolo Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59037 of 2021 Arising Out of PS. Case No.-145 Year-2019 Thana- JALE District- Darbhanga ====================================================== 1.

PHOOLO BAITHA Son of Sri Ram Khelawan Bhaitha Resident of Village - Kumhrauli, P.S.- Kamtaul, District - Darbhanga, Bihar 2.

Abdur Razaque @ Abdur Razik Son of Late Md. Usman Resident of Village - Mahuli, P.S. - Jalley, District - Darbhanga, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.N.K.Agrawal, Sr. Adv.

Ms.Preety Kunwar, Adv.

For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 353, 354, 384, 504, 506/34 of the Indian Penal Code.

The allegation against the petitioners is of making demand of extortion money from the informant and on denial,

Patna High Court CR. MISC. No.59037 of 2021(2) dt.04-07-2022 2/3 they used to abuse and threaten her.

It is submitted by learned senior counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. It is submitted that charge sheet has been submitted u/s 353, 504, 506/34 of the IPC and cognizance has been taken u/s 353, 504, 506/34 of the IPC. It is further submitted that there is a compromise between the parties, the same is supported by Annexure-4 to this application. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, considering the compromise between the parties, 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 sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.59037 of 2021(2) dt.04-07-2022 3/3 learned court below where the case is pending/Successor Court in connection with Jalley P.S. Case No.145 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T