Jogindra Raut @ Joginder Raut @ Jogendra Raut And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9493 of 2018 Arising Out of PS. Case No.-145 Year-2017 Thana- KAMTAUL District- Darbhanga ======================================================

1. Jogindra Raut @ Joginder Raut @ Jogendra Raut, Son of Dasai Raut

2. Rajkishore Raut, Son of late Chandar Raut @ Late Chandra Kant Raut

3. Ganesh Raut, Son of Lallan Raut

4. Satrohan Raut @ Shatrohan Raut, son of Jogindra Raut

5. Ram Babu Raut, Son of Jogindra Raut ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Jha, Adv.

For the Opposite Party/s :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-02-2018 Heard learned Counsel for the petitioners and learned APP for the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149, 341,323, 324, 448, 504 and 354B of the Indian Penal Code. The prosecution case got initiated on the basis of written report submitted by Putul Devi to the Station House Officer, Kamtaul Police Station to the effect that on 03.08.2017 at 10.30 A.M., the accused persons came and on the order of petitioner no.1 Joginder Raut, co-accused Lalan Raut pulled sari of the informant and rendered her half naked and assaulted her, when Ramdhuni Raut came to her rescue, then Lalan Raut assaulted

Patna High Court Cr.Misc. No.9493 of 2018(2) dt.17-02-2018 2/3 him by means of Tengari on his head. Thereafter, all the accused persons entered into the house of the informant and assaulted the informant and other family members.

It is submitted by learned counsel for the petitioners that only non-bailable offence alleged is under section 354B of the I.P.C, which is specific against Lalan Raut, who is not petitioner before this Court. Moreover, there is counter version of the occurrence being Kamtaul P.S. Case No. 148 of 2017 registered under sections 147/148/149/341/323/324/307/447/504/506 of the I.P.C. and 27 of the Arms Act. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

It is submitted by Mr. J. N. Thakur, learned APP for the State that the petitioners are named in the FIR. Considering the thrust of accusation against co-accused Lalan Raut, coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the

Patna High Court Cr.Misc. No.9493 of 2018(2) dt.17-02-2018 3/3 learned SDJM, Kamtaul at Darbhanga in connection with Kamtaul P.S. Case No.145 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T