Aman Giri @ Amar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6735 of 2025 Arising Out of PS. Case No.-406 Year-2024 Thana- RAMPUR District- Gaya ====================================================== 1.

Aman Giri @ Amar Giri S/O Giri Baba @ Late Rahul Prakash Giri@Om Prakash Giri Resident Of Mohalla- West Police Line, Lalu Nagar, P.SRampur, District- Gaya. 2.

Rahul Giri @ Vikash Kumar S/O Giri Baba @ Late Rahul Prakash Giri@Om Prakash Giri Resident Of Mohalla- West Police Line, Lalu Nagar, P.S- Rampur, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Yadav, Adv.

For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending arrest in connection with Rampur P.S. Case No. 406 of 2024, dated 17.08.2024, lodged under Sections 329(4), 126(2), 115(2), 74, 352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as "BNS, 2023").

3. As per the prosecution, FIR has been lodged against the present petitioners, with the allegation that the petitioners entered the informant's house and attempted to outrage her modesty. When her brother-in-law arrived, they attacked him by throwing a stone at his face, and subsequently, when her

Patna High Court CR. MISC. No.6735 of 2025(3) dt.09-05-2025 2/3 mother-in-law came, they assaulted her with sticks, belts, and an iron rod.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel further submits that both the petitioners and the informant are residents of the same village, and due to an earlier dispute, the present case has been lodged with a view to save skin in that matter. It is further submitted that the petitioners' names have been falsely implicated in this case as a counterblast to the case filed by the wife of petitioner No. 2 against the relatives of the informant. Counsel also submits that the petitioners have no criminal antecedents.

5. Learned APP for the State opposes the prayer for bail but fairly submits that there is a case and counter-case relating to the same date and place of occurrence. The petitioner's side lodged Rampur P.S. Case No. 401 of 2024, dated 13.08.2024, while the informant's side lodged Rampur P.S. Case No. 406 of 2024, dated 17.08.2024.

6. As such, in the present facts and circumstances of this case, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing

Patna High Court CR. MISC. No.6735 of 2025(3) dt.09-05-2025 3/3 bail bond of Rs.30,000/- (Rupees Thirty Thousand) each, as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of C.J.M., Gaya, in connection with Rampur P.S. Case No. 406 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J.) Aman Kumar/- U T