Dharmendra Rajwar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Dharmendra Rajwar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to all four petitioners subject to conditions: bail bond of Rs. 10,000/- each with two sureties of like amount, to the satisfaction of the learned C.J.M., Aurangabad, subject to Section 438(2) of the Cr.P.C. conditions.

Issue for consideration

Whether the four petitioners, apprehending arrest in connection with Tandwa P.S. Case No. 102 of 2024 (G.R. No. 2719 of 2024), should be granted anticipatory bail.

Court's answer

Anticipatory bail granted to all four petitioners: on arrest or surrender within four weeks of receipt of the order, they shall be released on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Aurangabad in connection with Tandwa P.S. Case No. 102 of 2024, G.R. No. 2719 of 2024, subject to conditions under Section 438(2) of the Cr.P.C. (including appearance before the Trial court on every date, abstention from inducing/threatening witnesses or tampering with evidence, and desistance from further offences, failing which bail bonds are liable to cancellation).

Ratio / Principle

The basis for granting anticipatory bail: considering the submissions and the fact that the petitioners are family members having no criminal antecedent, the Court was inclined to grant anticipatory bail with conditions.

Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J.), Criminal Miscellaneous No.25254 of 2025, oral order dated 07-05-2025: anticipatory bail ALLOWED for four petitioners — Dharmendra Rajwar, Rina Kumari @ Ranjan Devi, Mahesh Rajwar and Chano Devi — who apprehended arrest in Tandwa P.S. Case No. 102 of 2024, G.R. No. 2719 of 2024 (Dist. Aurangabad), an FIR lodged on 27.08.2024 by informant Jumai Rajwar under sections 137(2), 96, 3(5) of the BNS concerning the kidnapping of the informant's daughter on 25.07.2024 allegedly by Kalendra Kumar with active support of the family members. Noting that the petitioners are family members implicated together with no criminal antecedent, the Court ordered that on arrest or surrender within four weeks they be released on bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Aurangabad, subject to conditions laid down under Section 438(2) of the Cr.P.C. — one bailor to be a family member/relative providing official bona fide document, appearance before the Trial court on every date (failure on two consecutive dates without plausible reason entailing cancellation of the bail bond by the Trial court itself), no inducement/promise/threat to witnesses or tampering with evidence, and desistance from committing any criminal offence again, failing which the State may seek cancellation of the bail bonds. Counsel: Ms. Mukul Kumari, Adv. for the petitioner/s; Mr. Md. Fahimuddin, APP for the State.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25254 of 2025

Arising Out of PS. Case No.-102 Year-2024 Thana- TANDWA District- Aurangabad

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

Dharmendra Rajwar S/o Mahesh Rajwar R/o Village- Bela, PS- Tandwa, Distt- Aurangabad

Rina Kumari @ Ranjan Devi W/o Dharmendra Rajwar R/o Village- Bela, PS- Tandwa, Distt- Aurangabad

Mahesh Rajwar S/o Late Atwaru Rajwar @ Late Atwaru Rajwanshi R/o Village- Bela, PS- Tandwa, Distt- Aurangabad

Chano Devi W/o Mahesh Rajwar R/o Village- Bela, PS- Tandwa, DisttAurangabad

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Ms. Mukul Kumari, Adv. For the Opposite Party/s : Mr. Md. Fahimuddin, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

ORAL ORDER

2 07-05-2025 Heard Ms. Mukul Kumari, learned counsel for the petitioner and the State.

The petitioners apprehend their arrest in connection with Tandwa P.S. Case No. 102 of 2024, G.R. No. 2719 of 2024 for the offence registered under sections 137(2), 96, 3(5) of the BNS lodged on 27.08.2024 by the informant Jumai Rajwar.

As per the prosecution story, the informant alleged that on 25.07.2024, his daughter was kidnapped by Kalendra Kumar with active support of the family members. This led to the FIR.

Patna High Court CR. MISC. No.25254 of 2025(2) dt.07-05-2025 2/3

Learned Counsel for the petitioners submit that only to implicate each and every family members, the sister-inlaw (bhabhi), the elder brother, mother and father have been implicated without any role to play. The main allegation is against Kalendra Kumar.

Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail.

Considering the submissions as also the fact that they are family members, as stated above, have no criminal antecedent, in that background, this Court is inclined to grant them the anticipatory bail with conditions.

Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Aurangabad in connection with Tandwa P.S. Case No. 102 of 2024, G.R. No. 2719 of 2024 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family members/relatives of the petitioners, who shall provide official document to show his bona fide ;

Patna High Court CR. MISC. No.25254 of 2025(2) dt.07-05-2025 3/3

(ii) the petitioners shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioners shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

(Rajiv Roy, J)

Vijay Singh/-

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