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Judgment
8 paragraphs · 380 wordsSanjay Kumar Dwivedi, J
The instant matter has been placed before this Court pursuant to the order dated 31.08.2024 passed by the co-ordinate Bench.
Heard learned counsel for petitioners as well as learned counsel for the State.
The petitioners are apprehending their arrest for the offences punishable under sections 449, 307, 308, 327, 354B, 324 I.P.C in connection with Barharwa P.S. Case No.134 of 2023 pending in the court of learned Judicial Magistrate 1st Class, Rajmahal.
The learned counsel for the petitioners submits that there are general and omnibus allegations against the petitioners. He submits that for the same date, time and place of occurrence, the brother of petitioner no.2 and 3 has filed one case being Barharwa P.S.Case No.135 of 2023 for offence punishable under section 323, 341, 379, 307, 354, 504, 506 and 34 of the IPC in which the accused persons have been granted anticipatory bail by this Court in A.B.A. No.182 of 2024. He submits that there are case and counter case between the parties. He further submits that so far as the petitioners are concerned, there is no criminal antecedent.
The learned counsel appearing for the State opposed the prayer and submits that the allegations of assault are there.
Considering that present case was lodged at 9.40 hrs being Barharwa P.S. Case No.134 of 2023 and on the same day at 9.50 hrs Barharwa P.S.Case No.135 of 2023 has been lodged by the other party in which anticipatory bail has been granted to the accused persons. This P.S. case is earlier one to that P.S. Case and there are general and omnibus allegations, I am inclined to grant anticipatory bail to the petitioners.
Accordingly, the petitioners, above named, are hereby directed to surrender before the learned court within two weeks from today, and in the event of their surrender/arrest, the petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate 1st Class, Rajmahal, in connection with Barharwa P.S. Case No.134 of 2023, subject to the conditions laid down under section 438(2) of the Cr.P.C. read with Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.