Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67484 of 2024 Arising Out of PS. Case No.-558 Year-2023 Thana- DINARA District- Rohtas ====================================================== 1.
MANOJ KUMAR Son of Late Manji Prasad Gupta Resident of VillageDinara Police Station- Dinara District- Rohtas at Sasaram 2.
Mithilesh Kumar Son of Late Manji Prasad Gupta Resident of VillageDinara Police Station- Dinara District- Rohtas at Sasaram ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-10-2024 Heard Mr. Raghunandan Kumar Singh, learned counsel for the petitioners and Mr. Bhanu Pratap Singh, learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Dinara P.S. Case No. 558 of 2023, F.I.R. dated 11.11.2023 registered for the offences punishable under Sections 341, 323, 354, 379, 337, 338, 504, 506, 34 of the Indian Penal Code.
3. The prosecution case, in brief, is that the accused petitioners came into the house of the informant and they grabbed her hair and slammed her due to which she got hurt in her waist and back. It is further stated that they also started
2/4 dragging her by holding the Pallu of her Saree due to which he became half naked and also snatched golden chain worth of Rs. 10,000/- from the neck of the informant.
4. Learned counsel for the petitioners submits that the petitioners have clean antecedents and they have been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioners have not committed any offence as alleged in the F.I.R. He further submits that the informant is step mother of the petitioner and due to admitted land dispute the present F.I.R. was instituted against the petitioners and informant has already filed the Title Suit No. 328 of 2021 before the learned SubJudge-I, Bikramlganj, Rohtas and only to pressurize the petitioners, she has filed the present false case against the petitioners. He further submits that from perusal of the injury report it appears that the injury inflicted upon the informant's son is simple in nature caused by hard and blunt substance.
5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners.
6. Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty
3/4 days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Bikramganj, Rohtas in connection with Dinara P.S. Case No. 558 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions :-
(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the
4/4 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Ibrar//- U T