Patna High CourtCR. MISC./65950/2019bail granted

Ram Naresh Tiwari v. The State Of Bihar

2019-11-05Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65950 of 2019 Arising Out of PS. Case No.-463 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== 1.

RAM NARESH TIWARI S/o Ram Bachan Tiwari R/o village- Sathri, P.S.- Sonhan (Bhabhua), District- Kaimur 2.

Gopal Tiwari S/o Ram Bachan Tiwari R/o village- Sathri, P.S.- Sonhan (Bhabhua), District- Kaimur 3.

Arvind Tiwari S/o Ram Naresh Tiwari R/o village- Sathri, P.S.- Sonhan (Bhabhua), District- Kaimur 4.

Shyam Sunder Tiwari S/o Ram Naresh Tiwari R/o village- Sathri, P.S.- Sonhan (Bhabhua), District- Kaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kulanand Jha For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-11-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bhabhua (Sonhan) P.S. Case No.463 of 2019 registered under Sections 341, 323, 354(B) and 504/34 of the Indian Penal Code besides Section 8 of the POCSO Act.

The accusation is that while the informant was on way in to her house, then Gopal Tiwari (petitioner no.2) started abusing her in filthy language. When the informant made protest, then he started to cause assault to the informant. When the informant raised alarm, then the petitioner no.2 along with other petitioners also came

Patna High Court CR. MISC. No.65950 of 2019(2) dt.05-11-2019 2/2 there. At that time, the petitioner no.2 slapped at the breast of the informant. In the meantime, the minor daughter of the informant also rushed there and started making Hullah, then the petitioner no.3 caught hold of her arm and started to close her mouth and the petitioner no.4 started causing assault to the daughter of the informant through iron rod by catching her breast. Learned counsel for the petitioners submits that the petitioners and the informant are the Gotiyas and due to land dispute, the informant has lodged the present case with false allegation against the petitioners only to give undue pressure.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I, Kaimur at Bhabua, in connection with Bhabhua (Sonhan) P.S. Case No.463 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S.