Tarkeshwar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68574 of 2019 Arising Out of PS. Case No.-145 Year-2016 Thana- THAWE District- Gopalganj ====================================================== 1.
TARKESHWAR SINGH Son of Sri Gopal Singh Resident of VillageRamchandrapur Tola Badhaihata, P.S-Thawe, District-Gopalganj. 2.
Mannu Singh Son of Late Viswanath Singh @ Shivnath Singh Resident of Village-Ramchandrapur Tola Badhaihata, P.S-Thawe, District-Gopalganj. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-12-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are the present case is seeking regular bail in connection with Thawe P.S. Case No. 145/2016 registered under Sections 341, 354, 506, 34 of the Indian Penal Code.
Learned counsel for the petitioners submits that it is a case of false implication as it would appear that after the petitioners were granted anticipatory bail by the court below in the present case, the sister of the informant lodged a case against 19 persons named in the F.I.R. including the petitioners out of which 11 were the females of the family
Patna High Court CR. MISC. No.68574 of 2019(2) dt.04-12-2019 2/3 and therefore the sister of the informant took an attempt not only to get cancelled the bail of these petitioners but also to implicate the famale members of the family. The allegation is that these petitioners were indulged in eve teasing of the sister-informant of this case.
Learned A.P.P. for the State has opposed the prayer for bail.
Considering the facts and circumstances of the case wherein it appears that earlier these petitioners were granted privilege of anticipatory bail but thereafter their bail bonds have been cancelled in view of the allegations made by the sister of the informant in Thawe P.S. Case No. 40/2017 in which the petitioners are on bail as also that petitioners have remained in custody now since 03.09.2019, let the above-named petitioners be released on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Gopalganj, in connection with Thawe P.S. Case No. 145/2016, subject to the condition as laid down under Section 437(3) Cr.P.C. as under:
Patna High Court CR. MISC. No.68574 of 2019(2) dt.04-12-2019 3/3 (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.
(Rajeev Ranjan Prasad, J) Rajeev/- U T