Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6348 of 2024 Arising Out of PS. Case No.-221 Year-2023 Thana- BELAGANJ District- Gaya ====================================================== 1.

Pintu Kumar Son of Indra Dev Yadav R/o vill - Sakir Bigha, P.S. - Belganj, Distt. - Gaya 2.

Sintu Kumar Son of Indra Dev Yadav R/o vill - Sakir Bigha, P.S. - Belganj, Distt. - Gaya 3.

Ramji Yadav @ Shyam Kumar @ Ramjit Kumar Son of Indra Dev Yadav R/o vill - Sakir Bigha, P.S. - Belganj, Distt. - Gaya 4.

Nand Yadav @ Nanda Kumar @ Nandu Yadav, Son of Indra Dev Yadav R/o vill - Sakir Bigha, P.S. - Belganj, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithivi Raj Singh,Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-02-2024 Heard Mr. Prithivi Raj Singh, learned counsel appearing on behalf of the petitioners and Mr. Binod Kumar, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Belaganj P.S. Case No. 221 of 2023 dated 07.04.2023 registered for the offence(s) punishable under Sections 323, 341, 504, 506, 354, 379 and 34 of the Indian Penal Code.

3. As per the allegation made in the FIR, the accused persons, named therein, including the petitioners assaulted the daughter of the informant and tried to lift her and threatened her

Patna High Court CR. MISC. No.6348 of 2024(2) dt.17-02-2024 2/3 to kill and when the informant protested the said act, they assaulted her and tried to outrage her modesty.

4. Learned counsel appearing on behalf of the petitioners submitted that the present FIR is the counter blast to the FIR lodged by the petitioners' side, being Belaganj P.S. Case No.218 of 2023. It is further submitted that petitioners and the informant are Gotia and no specific allegation has been made against the petitioners. The allegations are general and omnibus in nature and in absence of any injury sustained allegedly by the informant or her daughter, the petitioners deserve to be released on bail

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation, as well as, the fact that first FIR was lodged by the petitioners' side and in retaliation to the same, the informant chose to implicate the petitioners in a false case and also the fact that parties are Gotia, the petitioners, above named, are directed to be released on prearrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.6348 of 2024(2) dt.17-02-2024 3/3 of learned C.J.M., Gaya in connection with Belaganj P.S. Case No. 221 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) Sanjay/- U T