Jugnu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72772 of 2019 Arising Out of PS. Case No.-595 Year-2019 Thana- ARARIA District- Araria ====================================================== 1.

JUGNU Son of Late Mustaque 2.

Nursi Wife of Khaja 3.

Salo Daughter of Khaja 4.

Sonu Son of Khaja 5.

Raja Son of Khaja 6.

Raiyan Son of Chunna 7.

Nahid Son of Khaja All are Resident of Village - Gaiyari, Ward no. 6, P.S.- Araria, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Naushad Uzzoha For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-01-2020 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under Section 341, 323, 354(B)/34 of the Indian Penal Code.

Informant has alleged that her Mausi had gone to the court for making pairvi in a case and while she was returning, FIR named accused after surrounding her, abused and assaulted and when she went to rescue her, she was also assaulted, abused

Patna High Court CR. MISC. No.72772 of 2019(2) dt.21-01-2020 2/3 and disrobed.

It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case due to previous enmity and litigation between the parties. The allegations are general and omnibus in nature against all the accused. It has been submitted that neither informant nor her Mausi has suffered any injury. Petitioner no.1 is accused in one case and remaining petitioners have got no criminal antecedent. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Araria P.S. Case No.595/2019 subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be present on each and every date fixed by the court and their

Patna High Court CR. MISC. No.72772 of 2019(2) dt.21-01-2020 3/3 absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel their bail bonds.

(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (S. Kumar, J) Sanjay/- U T