Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83713 of 2019 Arising Out of PS. Case No.-1002 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== 1.

Rakesh Kumar Son of Sri Shankar Das Resident of Village - Jihuli, Ward no. 14, P.S.- Patahi, District - East Champaran 2.

Rajesh Das @ Rajesh Kumar Son of Sri Shankar Das Resident of Village - Jihuli, Ward no. 14, P.S.- Patahi, District - East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Gajmati Devi Wife of Sri Ganesh Ram Resident of Village - Jihuli, P.S.- Patahi, District - East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-10-2021 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in connection with Complaint Case No.1002 of 2018 registered for the offence under Sections 147, 149, 323, 447, 504 of the Indian Penal Code and Section 3/4 of Prevention of Witch Practices Act.

Learned counsel for the petitioners submits that the petitioners had been granted anticipatory bail in ABP No.854 of 2019 but the petitioners did not furnish the bail bond within stipulated period of four weeks. Thereafter, the petitioners filed

Patna High Court CR. MISC. No.83713 of 2019(3) dt.26-10-2021 2/2 an extension petition vide Cr.Misc.No.129 of 2019. The learned Sessions Judge, East Champaran, Motihari vide order dated 19.08.2019 dismissed the extension petition of the petitioners on the ground that the medical certificate was issued on 10.05.2019 whereas the petitioners filed the present case on 06.07.2019. However, learned APP for the State vehementally opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, in the event of their arrest or surrender before the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Kumari Jyotsna, Judicial Magistrate-Ist Class, Motihari in connection with Complaint Case No.1002 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Rajesh Kumar Verma, J) Brajesh Kumar/- U T