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Patna High CourtCR. MISC./85258/2023bail granted

Rajesh Rawat v. The State Of Bihar

2024-01-29Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85258 of 2023 Arising Out of PS. Case No.-57 Year-2023 Thana- WARISLIGANJ District- Nawada ====================================================== 1.

Rajesh Rawat SON OF LATE LALA RAWAT R/O VILLAGE- SAUR, P.S.- WARISALIGANJ, DIST.- NAWADA 2.

PRADEEP RAWAT SON OF LATE LALA RAWAT R/O VILLAGESAUR, P.S.- WARISALIGANJ, DIST.- NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, Advocate Ms. Sharda Kumari, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-01-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Warisaliganj P.S Case No. 57 of 2023 dated 23.01.2023 registered for the offence punishable u/s 341, 323, 448, 354, 307, 379, 504, 506/34 of the Indian Penal Code.

3. As per the F.I.R., the allegation against the petitioners is that on 21.01.2023 at around 07:00 PM the petitioners entered the house of the informant and caught hold of her with a view to outrage her modesty and started assaulting her. She started screaming, on hearing her voice, Dheeraj Kumar, the jeth of the informant came there then petitioner no. 2 assaulted him, with iron

Patna High Court CR. MISC. No.85258 of 2023(2) dt.29-01-2024 2/2 rod blow on his head.

4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. He also submits that, Dheeraj Kumar sustained simple injury as stated in para 8 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, J.M.- 1st Class, Nawada in connection with Warisaliganj P.S Case No. 57 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) Sudha/- U T