Raj Deo Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85335 of 2019 Arising Out of PS. Case No.-45 Year-2019 Thana- PIPRASI District- West Champaran ====================================================== 1.

Raj Deo Kushwaha (M), aged about 37 years, Son of Beni Kushwaha 2.

Indu Devi, (F), aged ab out 38 years, Wife of Radhey Kushwaha 3.

Mahendra Gond (M), aged about 35 years, Son of Tilakdhari Gond All Resident of Village - Pipariya, P.S.- Piprasi, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1, Adv.

For the Opposite Party/s :

Mr.Nagendra Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-01-2020 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, apprehend their arrest for the offences punishable under Sections 341, 323, 324, 379, 504/34 of the Indian Penal Code.

Informant in his written complaint has alleged that on 21.08.2019 at about 3 P.M. FIR named accused variously armed with lathi, danda and sharp cutting weapons surrounded him and started abusing and assaulting him. There is specific allegation against accused Radhey Kushwaha of inflicting sharp cutting injury on his head. Allegation against Raj Deo Kushwaha (petitioner no.1) is of snatching gold chain, Indu Devi (petitioner no. 2) of taking away Rs. 3000/- and against

Patna High Court CR. MISC. No.85335 of 2019(2) dt.07-01-2020 2/2 Mahendra Gond (petitioner no.3) of instigating others to kill the informant.

It has been submitted on behalf of the petitioners that hey are innocent and have been falsely implicated in this case. There is case and counter case and one FIR was instituted by the husband of petitioner no.2 against the informant. It is further submitted that there is no allegation of any assault against the petitioners. Petitioners have no criminal antecedent. Considering the facts and circumstances of the present case, let petitioners, above named, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on prearrest bail on furnishing bail bond of Rs. 20,000/- (twenty thousand only) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st, Bagaha, DistrictWest Champarna, in connection with Piprasi P.S. Case No. 45 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) Rajiv/- U T