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Patna High CourtCR. MISC./12219/2025allowed

Rakesh Kumar v. The State Of Bihar

2025-04-15Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12219 of 2025 Arising Out of PS. Case No.-554 Year-2024 Thana- JAHANABAD District- Jehanabad ====================================================== 1.

Rakesh Kumar Son of Brij Nandan Prasad Resident of Village - Yarpur, Jogiya Toli, P.S. - Gardanibagh, District - Patna 2.

Radha Devi Wife of Brij Nandan Prasad Resident of Village - Yarpur, Jogiya Toli, P.S. - Gardanibagh, District - Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Piyush Prakash Son of Dharamdev Prasad Resident of Mohalla - Malahchak, P.S. - Jehanabad, District - Jehanabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prem Ranjan Kumar, Adv.

For the Opposite Party/s :

Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-04-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Jehanabad P.S. Case No. 554 of 2024, instituted under Sections 126(2), 115(2), 109, 352, 351(2), 3(5) of the Bhartiya Nyay Sanhita, 2023.

3. As per the prosecution case, one Kanishka Kumari, divorced wife of informant attempted to kill informant's daughter. On cry, informant and his wife rushed her to the Sadar hospital and after few hours of incident, petitioners alongwith other unknown persons came and they assaulted informant's father.

Patna High Court CR. MISC. No.12219 of 2025(2) dt.15-04-2025 2/2

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. It is further submitted that the injury is simple in nature and there is case and counter case between the parties. The informant is brother-in-law of petitioner no. 1 and son-in-law of petitioner no. 2. Petitioner No. 1 has one criminal antecedent in which he is on bail. Petitioner no. 2 has no criminal antecedent. Petitioners undertake to co-operate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Jehanabad in connection with Jehanabad P.S. Case No. 554 of 2024, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J) tusharika/- U T