Bajrangi Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58623 of 2022 Arising Out of PS. Case No.-35 Year-2019 Thana- MAHILA PS District- Jehanabad ====================================================== BAJRANGI SAO Son of Naresh Sao @ Naresh Sah Resident of Village - Sendhwa, P.S.- Parasbigha in the district of Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 457, 341, 323, 307, 379, 504, 376D, 427, 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, the petitioner along with other named accused persons trespassed into the house of informant by climbing down from roof. Immediately, they assaulted the informant as well as his father. It is further alleged that informant's wife was raped by co-accused Ajay Yadav and his mother was also raped by Ravindra Sharma. Further, it is alleged that this petitioner also snatched a golden chain and locket, thereafter, they fled away.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.58623 of 2022(2) dt.02-02-2023 2/2 petitioner is innocent and has committed no offence. The informant and the petitioner are agnates and there is land dispute between them due to which the petitioner has falsely been implicated in this case. The allegation of committing rape with the wife and mother of the informant is against other co-accused namely, Ajay Yadav and Ravindra Sharma, not against this petitioner. It is further submitted that no stolen article has been recovered from the possession of the petitioner. The petitioner is languishing in judicial custody since 16.5.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jehanabad Mahila P.S. Case No. 35 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad.

(Sunil Kumar Panwar, J) amandeep/- U T