Balram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9363 of 2024 Arising Out of PS. Case No.-897 Year-2023 Thana- PURNEA SADAR District- Purnia ====================================================== 1.

BALRAM SINGH Son of Late Harihar Singh Resident of Village-Shri Nagar Ranipatra, P.S.-Sadar (Muffsil), District-Purnea. 2.

RADHE KRISHNA SINGH @ RADHA KRISHNA SINGH Son of Late Harihar Singh Resident of Village-Shri Nagar Ranipatra, P.S.-Sadar (Muffsil), District-Purnea.

3.

UMESH SINGH @ UMESH KUMAR SINGH Son of Balram Singh Resident of Village-Shri Nagar Ranipatra, P.S.-Sadar (Muffsil), DistrictPurnea. 4.

MUKESH SINGH @ MUKESH KUMAR Son of Balram Singh Resident of Village-Shri Nagar Ranipatra, P.S.-Sadar (Muffsil), District-Purnea. 5.

PUNAM KUMARI D/o Balram Singh Resident of Village-Shri Nagar Ranipatra, P.S.-Sadar (Muffsil), District-Purnea. 6.

GOURI SINGH @ GOURI SHANKAR SINGH S/o of Late Harihar Singh Resident of Village-Shri Nagar Ranipatra, P.S.-Sadar (Muffsil), DistrictPurnea. 7.

FULAMNTI DEVI @ FULO DEVI @ FULAMNTI DEVI W/o Radhe Krishna Singh @ Radha Krishna Singh Resident of Village-Shri Nagar Ranipatra, P.S.-Sadar (Muffsil), District-Purnea. 8.

GITA KUMARI D/o Radhe Krishna Singh @ Radha Krishna Singh Resident of Village-Shri Nagar Ranipatra, P.S.-Sadar (Muffsil), District-Purnea. 9.

DHARMSHILA DEVI W/o Gouri Singh @ Gouri Shankar Singh Resident of Village-Shri Nagar Ranipatra, P.S.-Sadar (Muffsil), District-Purnea. 10.

JALESHWARI DEVI @ MANJU DEVI W/o Balram Singh Resident of Village-Shri Nagar Ranipatra, P.S.-Sadar (Muffsil), District-Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-03-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State along with learned counsel for the OP No. 2.

Patna High Court CR. MISC. No.9363 of 2024(2) dt.06-03-2024 2/3 2.

Learned counsel for the petitioners seeks permission to withdraw the anticipatory bail application with respect to Radhe Krishna Singh @ Radha Krishna Singh (Petitioner No. 2) and Dharmshila Devi (Petitioner No. 9). 3.

Permission is accorded.

4.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 325, 307, 354B, 379, 120B, 504 and 506 of the Indian Penal Code.

5.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedents and are agnates, and on account of the dispute relating to measurement of land, the alleged occurrence is said to have taken place. It is further submitted that the allegation of assault is general and omnibus in nature. It is next submitted that Fulmanti Devi is alleged to have assaulted Lakkho Devi, daughter of the informant, by bamboo causing injury on her face. It is further submitted that from injury report of Lakkho Devi, it would manifest that the injury on face is said to be grievous and the rest of the injuries are simple in nature. It is next submitted that the injuries suffered by other injured are also simple in nature. It is next submitted that even presuming what has been alleged is true

Patna High Court CR. MISC. No.9363 of 2024(2) dt.06-03-2024 3/3 without admitting, then the blow was not repeated and the injury was not dangerous to life. It is also further submitted that since petitioners and informant are agnates, as such in villages at times it happens that the women folk indulge in assaulting but then there is no intention of committing any serious assault. 6.

Learned A.P.P. for the State along with learned counsel for the OP No. 2 opposes the prayer for anticipatory bail of the petitioners.

7.

Considering the submissions made by the learned counsel for the petitioners, the petitioner Nos. 1, 3, 4, 5, 6, 7, 8, 10, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sadar (Muffasil) P.S. Case No. 897 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) SUMIT/- U