Allowed

Jainath Rawat v. The State of Bihar

Patna HC17 May 2024CR. MISC./4902/2022

Case brief

AI extract

What is this about?

Ten family members sought anticipatory bail in a complaint case alleging assault, unlawful assembly, outraging modesty and house-trespass. The court held notice validly served on the opposite party's son, found the allegations general and omnibus with clean antecedents claimed, and granted anticipatory bail subject to Section 438(2) Cr.P.C. conditions.

What did the court decide?

Petitioners to be released on anticipatory bail on furnishing bail bonds of Rs.10,000 each with two sureties of like amount, subject to Section 438(2) Cr.P.C. conditions, on arrest or surrender within

Jainath Rawat Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4902 of 2022

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Arising Out of PS. Case No.-1765 Year-2020 Thana- SARAN COMPLAINT CASE DistrictSaran

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======================================================

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JAINATH RAWAT S/o Late Jamuna Rawat Resident of Village - Bangali Pattee, P.S. - Sahajitpur, District - Saran at Chapra.

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Bhagwat Rawat S/o- Jainath Rawat Resident of Village - Bangali Pattee, P.S. - Sahajitpur, District - Saran at Chapra.

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Guddu Kumar S/o Sheo Nath Rawat Resident of Village - Bangali Pattee, P.S. - Sahajitpur, District - Saran at Chapra.

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Rinku Kumar Sah @ Rinku Kumar @ Tinku Kumar S/o Jhagru Sah Resident of Village - Bangali Pattee, P.S. - Sahajitpur, District - Saran at Chapra.

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Uma Rawat S/o- Sheo Charan Rawat Resident of Village - Bangali Pattee, P.S. - Sahajitpur, District - Saran at Chapra.

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Sobhnath Rawat S/o- Jainath Rawat @ Jainarayan Rawat Resident of Village - Bangali Pattee, P.S. - Sahajitpur, District - Saran at Chapra.

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Dil Kumar S/o- Sheonath Rawat Resident of Village - Bangali Pattee, P.S. - Sahajitpur, District - Saran at Chapra.

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Sahejan Rawat S/o- Sheonath Rawat Resident of Village - Bangali Pattee, P.S. - Sahajitpur, District - Saran at Chapra.

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Munna Rawat S/o- Sheonath Rawat Resident of Village - Bangali Pattee, P.S. - Sahajitpur, District - Saran at Chapra.

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Sandeep Kumar S/o - Sheonath Rawat Resident of Village - Bangali Pattee, P.S. - Sahajitpur, District - Saran at Chapra. ... ... Petitioner/s

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Versus

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The State of Bihar

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Chandrawati Devi W/o- Rambalak Rawat Resident of Village - Bangali Pattee, P.S. - Sahajitpur, District - Saran at Chapra.

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s : Mr. Madan Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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5 17-05-2024

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Heard learned counsel for the petitioners and

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learned A.P.P. for the State.

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The petitioners apprehend their arrest in a case

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Patna High Court CR. MISC. No.4902 of 2022(5) dt.17-05-2024 2/3

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registered for the offences punishable under Sections 323, 147, 354 and 448 of the Indian Penal Code.

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Learned counsel for the petitioners submits that from perusal of the office report dated 09.05.2024, it would manifest that the ordinary notice has been received by the son of the opposite party no. 2.

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Since ordinary notice has been received by the son of the opposite party no. 2, as such, the notice is deemed to have been validly served.

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Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the complainant. It is further submitted that allegation of assault is general and omnibus in nature and the entire family stands implicated. It is next submitted that from perusal of the allegation as alleged in the complainant, it would manifest that no reason for the occurrence has been alleged.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

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Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below

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Patna High Court CR. MISC. No.4902 of 2022(5) dt.17-05-2024 3/3

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within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Complaint Case No. 1765 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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(Satyavrat Verma, J)

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Kundan/-

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U T

Jainath Rawat v. The State of Bihar

Case brief

What is this about?

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Jainath Rawat v. The State of Bihar

Case brief

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