Radha Krishna Trigun And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47368 of 2017 Arising Out of PS.Case No. -83 Year- 2016 Thana -KOCHAS District- SASARAM (ROHTAS) ======================================================

1. Radha Krishna Trigun Son of Late Shiv Nath Trigun Resident of villageNainakone, P.S.- Kochas, District- Rohtas

2. Govind Trigun @ Diwak Trigun @ Diwakar Son of Radha Krishna Trigun Resident of village- Nainakone, P.S.- Kochas, District- Rohtas .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhinay Raj For the Opposite Party/s : Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-07-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Kochas (Parsathua) P.S.Case no.83 of 2016 , registered for offences punishable under Sections 341, 323, 324, 307, 379 and 34 of the Indian Penal Code.

Allegation against the petitioner no.1, who is husband of the informant and petitioner no.2 is the son of the petitioner no.2 is that they have assaulted by Axe to the wife and her daughter. Submission of the learned counsel for the petitioners is that earlier to that the informant had filed a complaint case under Section 498 of the IPC also, however, the divorce decree has been passed in fovour of the petitioner in the year, 2013 itself,

Patna High Court Cr.Misc. No.47368 of 2017 (5) dt.16-07-2018 2/2 which will appear from Annexure 2 of the petition and the present case has been filed thereafter. Injuries are simple in nature. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-I, Rohtas at Sasaram in connection with Kochas (Parsathua) P.S.Case no.83 of 2016, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T