Ram Chandra Bhagat @ Ram Chandra Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86125 of 2019 Arising Out of PS. Case No.-197 Year-2019 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.
Ram Chandra Bhagat @ Ram Chandra Prasad (male - 55 years ) S/o late Mahagu Bhagat @ Mahagu Prasad 2.
Durgesh Prasad Kushwaha @ Durgesh Prasad ( Male - 26 years) S/o Ram Chandra Prasad, All 1 to 2 are R/o Vill. - Sirisia, P.S.- Kuchaikot, Dist.- Gopalganj ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shubhesh Pandey For the Opposite Party/s :
Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-02-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Petitioners apprehend their arrest in connection with Kuchaikot P.S. Case No. 197 of 2019 registered for the offence punishable under Sections 341, 323, 324, 379, 354, 427/34 of the Indian Penal Code, 1860.
The allegation against the petitioners as per the First Information Report is that petitioners along with other accused persons assaulted the informant, tried to outrage the modesty of the aunt of the informant and also assaulted the aunt of the informant. It has further been alleged that petitioner no. 1 - Ram Chandra Bhagat @ Ram Chandra Prasad snatched a sum of Rs.
Patna High Court CR. MISC. No.86125 of 2019(2) dt.25-02-2020 2/3 3000/- from the pocket of the informant.
Mr. Shubhesh Pandey, learned counsel appearing for the petitioners submits that petitioners have falsely been implicated in this case as a retaliation to Kuchaikote P.S. Case No. 194 of 2019 lodged by petitioner no. 2 against the informant and others. Learned counsel further submits that both the parties are co-sharers and neighbours. Learned counsel also submits that no serious injuries have been caused to the side of the prosecution. Learned counsel submits that the allegation of snatching Rs. 3,000/- from the pocket of the informant is ornamental in nature.
After having heard learned counsel for the parties and taking into consideration the fact that both the parties are agnates, there is case and counter case between them and no serious injuries have been brought on record by the prosecution, I am inclined to grant anticipatory bail to the petitioners. Accordingly, let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks from the date of receipt of a copy of this order, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM VII, Gopalganj
Patna High Court CR. MISC. No.86125 of 2019(2) dt.25-02-2020 3/3 in connection with Kuchaikot P.S. Case No. 197 of 2019, subject to the condition as laid down under Section 438 (2) of the Code Of Criminal Procedure.
(Anil Kumar Sinha, J) praful/- U T