Shankar Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2024 of 2023 Arising Out of PS. Case No.-215 Year-2022 Thana- RAHIKA District- Madhubani ====================================================== 1.

SHANKAR ROY S/o Ram Shwarup Roy R/o Village- Saurath, P.S.- Rahika, Distt- Madhubani.

2.

Om Prakash Roy S/o Shivjee Roy R/o Village- Saurath, P.S.- Rahika, DisttMadhubani. 3.

Reena Devi W/o Seewan Roy R/o Village- Saurath, P.S.- Rahika, DisttMadhubani. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-02-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 354 and 504 read with Section 34 of the Indian Penal Code.

As per the prosecution case, the accused persons abused and misbehaved with the daughter of the informant.

Patna High Court CR. MISC. No.2024 of 2023(2) dt.28-02-2023 2/3 The daughter of the informant came back to her house and she narrated the incident to her parents. Thereafter, the petitioners holding iron rod, katta etc. came and attacked them and snatched jewelleries. Thereafter she was also assaulted. All the family members were assaulted on their heads causing head injuries and the injured were taken to the Sadar hospital for treatment.

Learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely implicated in this case. There is case and counter case between the parties. He has further submitted that both the parties have sustained injuries and the injuries of the informant's side are simple in nature. The petitioners have got clean antecedent as stated in para 3 of the bail petition. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

Considering the aforesaid facts and circumstances of the case as well as the injuries being simple in nature, let the above named petitioners, in the event of their arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bonds of Rs. 20,000/-(Twenty Thousand)each with two sureties of the like

Patna High Court CR. MISC. No.2024 of 2023(2) dt.28-02-2023 3/3 amount each to the satisfaction of Court concerned, Madhubani in connection with Rahika P.S. Case No. 215 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T