Allowed bail application for two petitioners in judicial custody facing charges of rioting, assault, and molestation, directing them to furnish a bond and show proof of bona fides for the bailor.
Release on bail subject to furnishing bond of Rs. 10,000 with two sureties and conditions regarding family member guarantor.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57448 of 2021
Arising Out of PS. Case No.-182 Year-2021 Thana- DIGHWARA District- Saran
======================================================
... ... Petitioners
Versus
The State of Bihar.
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Shyameshwar Kumar Singh, Advocate For the Opposite Party/s : Mr.Anil Kumar Singh No. 1, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER
2 11-04-2022 Heard counsel for the parties.
The petitioners are in judicial custody in connection with Digwara P.S. Case No. 182 of 2021 lodged on 4.7.2021 under Sections 147, 148, 149, 341, 323, 354, 363 and 366 of the Indian Penal Code.
As per prosecution case, a phone call was received on the mobile of brother of the informant from one Nisha Kumari who wanted him to solemnize marriage. When this was informed to the informant’s father her brother was scolded.
On 3.7.2021, the said Nisha Kumari ran away. The informant further stated that her family members arrived at
Patna High Court CR. MISC. No.57448 of 2021(2) dt.11-04-2022 2/3
informant’s house and started assaulting the informant and the entire family members.
Specific allegation has been levelled against Nitesh Roy who picked her up and put vermilion on forehead and tried to marry. Omnibus allegations have been levelled against the accused persons including the petitioners herein of assault and molest. It was in these circumstances that the present case came to be instituted.
Learned counsel for the petitioners submit that there is omnibus allegation against both of them that they came to the house of the informant and assaulted her and family members and tried to pick her away.
Learned counsel for the informant concedes on these points. The petitioner no.1 is also having criminal antecedent.
In the facts and circumstances, let the petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial MagistrateIX, Saran at Chapra, in connection with Dighwara P.S. Case No. 182 of 2021 subject to the condition:-
(i) one of the bailors should be the family member
Patna High Court CR. MISC. No.57448 of 2021(2) dt.11-04-2022 3/3
of the petitioner, who shall provide official document to show
his/her bona fide.
With the aforesaid observation, the bail application
is allowed.
(Rajiv Roy, J)
Ravi/-
U T
1 issue framed by the court
Whether the petitioners should be released on bail subject to conditions in a case involving riotous assembly, assault, and sexual molestation allegations?
1 provisions across 1 enactments
Supan Rai @ Supan Kumar Rai
Arun Kumar Rai
The State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
