Jagarnath Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57968 of 2019 Arising Out of PS. Case No.-127 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

JAGARNATH RAM Son of Late Anupa Ram Resident of Village - Baithaniya, P.S.- Majhauliya, Distt - West Champaran. 2.

Rinku Devi @ Rinki Devi Wife of Munilal Ram Resident of Village - Baithaniya, P.S.- Majhauliya, Distt - West Champaran. 3.

Munilal Ram Son of Jagdish Ram Resident of Village - Baithaniya, P.S.- Majhauliya, Distt - West Champaran.

4.

Chandrawati Devi Wife of Jagdish Ram Resident of Village - Baithaniya, P.S.- Majhauliya, Distt - West Champaran.

5.

Rubi Devi Wife of Chaturi Ram Resident of Village - Baithaniya, P.S.- Majhauliya, Distt - 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.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Majhauliya P.S. Case No. 127 of 2019, disclosing the offence under Sections 341, 323, 324, 325, 379, 354, 504, 506, 34 of the Indian Penal Code.

For an occurrence said to have taken place on 07.03.2019, the FIR came to be registered on 25.03.2019. Members of the same family have been implicated in the FIR. It is alleged that they attempted to outrage the informant's

Patna High Court CR. MISC. No.57968 of 2019(2) dt.13-09-2019 2/3 modesty and assaulted her, her husband and family members variously.

Learned counsel appearing on behalf of the petitioners has submitted that this FIR is counter-blast to Manjhauliya P.S. Case No. 104 of 2019 registered on 20.03.2019 on the basis of fardbeyan of petitioner no. 2 taken by the Sub-Inspector of Police in injured condition on 10.03.2019. It has been argued that the case of the prosecution, as disclosed in the FIR, in the present case, is imaginary and improbable. Considering the facts and circumstances and the submissions made on behalf of the petitioners, as noted above, a case for grant of anticipatory bail is made out. This application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.

10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, West Champaran at Bettiah in Majhauliya P.S. Case No. 127 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.57968 of 2019(2) dt.13-09-2019 3/3 may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Rajesh/- U T