Raghunath Thakur vs State Of Bihar

The matter has been heard via video conferencing.

The case has been heard out of turn on the basis of motion slip filed by learned counsel for the petitioners on 15.06.2021, which was allowed.

Heard Mr. Birendra Kumar, learned counsel for the petitioners and Mr. Dinesh Singh, learned Additional Public Prosecutor (hereinafter referred to

as the ‘APP’) for the State.

Learned counsel for the petitioners submitted that petitioner no. 3 namely, Ram Adhar Thakur has been arrested and, thus, sought permission to

withdraw the petition on his behalf.

In view thereof, as prayed for by learned counsel for the petitioners, the application on behalf of petitioner no. 3 namely, Ram Adhar Thakur, stands

disposed off as withdrawn and is restricted to petitioners no. 1 and 2 namely, Raghunath Thakur and Ramesh Thakur, respectively.

The petitioners no. 1 and 2 apprehend arrest in connection with Sonbarsa PS Case No. 105 of 2020 dated 06.06.2020, instituted under Sections

302/34 of the Indian Penal Code.

The allegation against the petitioners and others is of assault on the informant, her husband and son and specifically against the petitioners no. 1 and

2 that after another co-accused had given blow on the head by iron rod, when the husband of the informant fell down, they along with others had also

assaulted.

Learned counsel for the petitioners no. 1 and 2 submitted that besides having clean antecedent, they have no role in the incident and have been

falsely implicated just because they are sons of petitioner no. 3, who is said to have specifically assaulted the deceased with iron rod on the head. It

was submitted that even the postmortem report discloses only one lacerated wound on the head and one wound on the neck and death is due to shock

and hemorrhage and there is general and omnibus allegation of assault against the petitioners and three others.

Learned APP submitted that the husband of the informant has died and there is allegation of assault by the petitioners also. However, it was not

controverted that petitioner no. 3, who has been arrested, is said to be the main assailant who gave the first blow and thereafter, the allegation is

general and omnibus against the petitioners and three others.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender

before the Court below within six weeks from today, the petitioner no. 1 and 2 namely, Raghunath Thakur and Ramesh Thakur, be released on bail

upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned

Chief Judicial Magistrate, Sitamarhi in Sonbarsa PS Case No. 105 of 2020, subject to the conditions laid down in Section 438(2) of the Code of

Criminal Procedure, 1973 and further, (i) that one of the bailors shall be a close relative of the petitioners no. 1 and 2, (ii) that the petitioners no. 1 and

2 and the bailors shall execute bond and give undertaking with regard to good behaviour of the petitioners no. 1 and 2 and (iii) that they shall co-

operate with the police/prosecution and the Court. Any violation of the terms and conditions of the bonds or the undertaking or failure to co-operate

shall lead to cancellation of their bail bonds.

It shall also be open for the prosecution to bring any violation of the foregoing conditions of bail by the petitioners no. 1 and 2, to the notice of the

Court concerned, which shall take immediate action on the same after giving opportunity of hearing to the petitioners no. 1 and 2.

The application stands disposed off in the aforementioned terms.