Ramu Bhuiyan And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.8698 of 2018 (2) dt.17-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8698 of 2018 Arising Out of PS.Case No. -380 Year- 2017 Thana -BARACHATTI District- GAYA ======================================================

1. Ramu Bhuiyan, Son of Rambriksha Bhuiyan.

2. Raghuni Yadav, Son of Kedar Yadav,

3. Rambriksha Bhuian, Son of Late Saudagar Bhuiyan. All are resident of Village- Jaygir, Tola Anjaniya Tand, Police Station- Barachatti, DistrictGaya. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-02-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Barachatti P.S. Case No. 380 of 2017 registered under Sections 341, 323 and 354/34 of the Indian Penal Code. The accusation is that on 24.06.2017, mother of the informant, was apprehended with allegation to prepare the illicit liquor and sent to jail. In the evening of the same day, petitioners came at the house of the informant and started to abuse saying her about her attempt to release her mother. When the informant made protest then petitioners made attempt to outrage her modesty.

Patna High Court Cr.Misc. No.8698 of 2018 (2) dt.17-02-2018 When Dipu Kumar, brother of the informant, came to save her then he was also assaulted by them.

Learned counsel for the petitioners submits that informant has lodged this case with false allegation due to apprehension of her mother, as her mother was apprehended by the police at the instance of the petitioners. Further submission is that petitioners have no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) eacg with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sherghati, Gaya, in connection with Barachatti P.S. Case No. 380 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T