Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9805 of 2021 Arising Out of PS. Case No.-730 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== 1.

RAKESH KUMAR S/o NAWAL MAHTO 2.

Anju Kumari @ Anju Devi D/o Nawal Mahto 3.

Ranju Kumari @ Manju Kumari D/o Nawal Mahto 4.

Shila Devi @ Sima Devi W/o Nawal Mahto All Resident of Village- Basudeva, Aalim Chowk, P.S.- Saraiya (Jaitpur O.P.), Distt- Muzaffarpur.

5.

Rajiv Kumar S/o Ramnath Mahto Resident of Village- Dharampur, P.S.- Vaishali, Distt- Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Singh, Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-11-2021 Let the defect (s) be removed within two weeks of the complete start of the physical Court.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 354, 379, 452, 504, 506/34 of the Indian Penal Code. There is general and omnibus allegation of commission of assault. There is case and counter case. The occurrence allegedly took place due to matrimonial dispute between the two families.

Considering the background of allegation, let the

Patna High Court CR. MISC. No.9805 of 2021(2) dt.16-11-2021 2/2 petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Saraiya (Jaitpur O.P.) P.S.Case No.730 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned court below.

(b) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (c) The petitioners shall not leave the country without permission of the learned Trial Court.

(Birendra Kumar, J) Nitesh/- U T