Hulas Ravidas @ Hulash Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85390 of 2023 Arising Out of PS. Case No.-246 Year-2023 Thana- BUNIYAD GANJ District- Gaya ====================================================== 1.
HULAS RAVIDAS @ HULASH DAS SON OF DHUPAN RAVIDAS R/O VILLAGE- SHEKHABIGHA, P.O.- ALIPUR, P.S.- BUNIYADGANJ, DIST.- GAYA, BIHAR- 823003 2.
GONGI DEVI @ SUSHILA DEVI @ GOGI DEVI WIFE OF SATENDRA RAVIDAS R/O VILLAGE- KANWAN, P.O.- KADHARIYA, P.S.- FATEHPUR, UTLIBARA, DIST.- GAYA, BIHAR, PIN-824232 3.
CHINTA DEVI WIFE OF SANJAY RAVIDAS R/O VILLAGENAURANGA, P.O.- MANPUR, P.S.- BUNIYADGANJ, DIST.- GAYA, BIHAR, PIN-823003 4.
RUBI DEVI WIFE OF ROHIT KUMAR RAVIDAS R/O VILLAGEBARADIH, P.O.- BARAGNDHAR, P.S.- BUNIYADGANJ, DIST.- GAYA, BIHAR, PIN-823003 5.
PREMNI DEVI WIFE OF RAKESH RAVIDAS R/O VILLAGEBISHUNPURA, P.O.- BODHGAYA, P.S.- CHERKI, DIST.- GAYA, BIHAR, PIN-824237 6.
RAJKUMARI DEVI @ KUNTI DEVI WIFE OF HULAS RAVIDAS R/O VILLAGE- SHEKHABIGHA, P.O.- ALIPUR, P.S.- BUNIYADGANJ, DIST.- GAYA, BIHAR, PIN-823003 ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anmol Kumar, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-01-2024 Heard the parties.
2. Learned counsel for the petitioners at the outset submits that petitioner No. 06 Rajkumari Devi @ Kunti Devi has been arrested and as such so far as her petition for anticipatory bail is concerned, the same be permitted to be
2/4 withdrawn.
3. Permission is accorded.
4. The petitioners are apprehending their arrest in connection with Buniyaganj P.S. Case No. 246 of 2023 for the offence under Sections 149, 341, 323, 325, 307 and 506 of the I.P.C. lodged on 06.08.2023 by the informant, Gauri Devi.
3. As per the prosecution story, the allegation is that while the informant's husband was cutting grass, the FIR named accused armed variously came and assaulted him. Specific allegation is against Ramjanam Ravidas of giving garasa blow causing injury on his ear. Informant's daughter-in-law and daughter also sustained fracture injury. Accordingly, the FIR.
4. Learned counsel for the petitioners submit that there is a case and counter case, specific allegation is against Ramjanam Ravidas, omnibus allegations are alleged against the other accused persons and in a zeal to implicate everyone, all the female inmates have also been made accused in the matter. The last submission is that all of them do not have any criminal antecedent.
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5. Learned APP opposes the prayer.
6. Taking into account the submissions put forward by the parties as also that there is a case and counter-case, specific allegation is against Ramjanam Ravidas and they do not have criminal antecedent, this Court is inclined to grant them the privilege of anticipatory bail.
7. Let the petitioners be released on bail in the event of their arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Court of Sessions Judge, Gaya, in connection with Buniyaganj P.S. Case No. 246 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member of the petitioners who shall provide official document to show their bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail
4/4 cancellation of their bail bond by the Trial Court itself; (iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.
8. With the aforesaid observations, the anticipatory bail application is allowed.
(Rajiv Roy, J) Adnan/- U T