Surendra Rajbanshi @ Shailendra Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43642 of 2018 Arising Out of PS.Case No. -167 Year- 2018 Thana -NAWADA District- NAWADA ======================================================
1. Surendra Rajbanshi @ Shailendra Kumar son of Late Soudkar Rajbansi
2. Rina Devi wife of Surendra Rajbanshi @ Shailendra Kumar Both residents of Village : Koniapar, P.S. : Town Nawada, District : Nawada. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Singh, Adv. For the Opposite Party : Mrs. Anita Kumari, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 20-07-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 354, 306/511, 448, 504, 506 and 509/34 of the Indian Penal Code.
The prosecution case as per the written report of Vijay Kumar submitted to the Station House Officer, Nawada Town P.S., is to the effect that since four months prior to the lodging of the case Ritik Rajbanshi, the son of the petitioners used to harass the daughter of the informant, Khusbu Kumari aged about 16 years. On 28.02.2018, the informant complained about Ritik Rajbanshi and to the petitioners, the parents of co-
Patna High Court Cr.Misc. No.43642 of 2018 (2) dt.20-07-2018 accused, Ritik Rajbanshi. On 09.03.2018 the informant went to Kolkata when at 9.30 P.M., the petitioner and their son Ritik Rajbanshi along with 4-5 unknown came to the house of the informant, abused and threatened the daughter of the informant. At 10.30 P.M. the informant's daughter attempted to commit suicide by pouring kerosene oil on her body and letting fire. The victim was first taken to Sadar Hospital, Nawada and thereafter referred to PMCH.
It is submitted by learned counsel for the petitioners that the thrust of accusation is against Ritik Rajbanshi but the petitioners have been roped in the present case since they are parents of Ritik Rajbanshi. It is further submitted that for the occurrence of 09.03.2018, the FIR was registered with delay of six days, i.e., 15.03.2018 and a statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.
Learned APP, however, submits that the petitioners are named in the FIR with specific accusation. Considering the thrust of accusation against Ritik Rajbanshi and statement being made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent,
Patna High Court Cr.Misc. No.43642 of 2018 (2) dt.20-07-2018 let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Nawada Town P.S. Case No. 167 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T