Sunil Lal Bhaiya @ Sunil Kumar Bhaiya @ Sunil @ Sammi Lal Bhaiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10035 of 2025 Arising Out of PS. Case No.-264 Year-2023 Thana- VISHNUPAD District- Gaya ====================================================== 1.

Sunil Lal Bhaiya @ Sunil Kumar Bhaiya @ Sunil @ Sammi Lal Bhaiya Son of Vishnu Lal Bhaiya. Resident of Mohalla- Chandchaura, Ganesh Bhawan, P.S.-Vishnupad, District- Gaya.

2.

Ranjan Kumar @ Dinanath @ Dinu @ Dinanath Lal Bhaiya Son of Ashok Lal Bhaiya Resident of Mohalla- Chandchaura, Ganesh Bhawan, P.S.- Vishnupad, District- Gaya.

3.

Kallu Lal Bahiya @ Kalu Bhaiya @ Kallu Bhaiya Son of Ashok Lal Bhaiya Resident of Mohalla- Chandchaura, Ganesh Bhawan, P.S.-Vishnupad, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukul Jee For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-02-2025

1. Heard the parties.

2. The petitioners apprehend their arrest in connection with Vishnupad P.S. Case No. 264 of 2023 dated 30.09.2023 registered under Sections 341, 323, 324, 354, 354(B), 504 / 34 of the I.P.C.

3. The prosecution case as per the first information report is that on 30.09.2023 in the morning the petitioners along with other accused persons came in the house of the informant and started abusing and assaulting him. When the daughter of the

Patna High Court CR. MISC. No.10035 of 2025(2) dt.13-02-2025 2/3 informant came to save him, the accused persons caught her by hair and pulled her on the ground in order to outrage her modesty.

4. Learned counsel for the petitioners submits that the petitioners have been made accused in this case due to family dispute. The petitioner nos. 2 and 3 are own brother and petitioner no. 1 is the nephew of the informant. He next submits that the police after investigation submitted charge sheet under Sections 341, 323, 504 of the I.P.C., however, the learned Magistrate differed with the police report and took cognizance under Section 354 I.P.C. also which is non -bailable.

5. Regard being had to the submission made by the parties, taking into consideration the fact that both the parties are closely related and police after investigation has submitted charge sheet under bailable sections, I am inclined to grant anticipatory bail to the petitioners.

6. Let the petitioners, above named, be released on anticipatory bail in the event of 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 of Mr. Sushil Dutt, learned J.M.F.C. Gaya in connection with

Patna High Court CR. MISC. No.10035 of 2025(2) dt.13-02-2025 3/3 Vishnupad P.S. Case No. 264 of 2023 subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anil Kumar Sinha, J) praful/- U T