Uday Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13381 of 2022 Arising Out of PS. Case No.-228 Year-2021 Thana- DHARHARA District- Munger ====================================================== 1.

UDAY KUMAR S/o Late Arjun Ram Resident of Village- Mangrah, P.S.- Dharhara, District- Munger.

2.

Manoj Chandra Bansi Son of Late Arjun Ram Resident of Village- Mangrah, P.S.- Dharhara, District- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad, Advocate For the Opposite Party/s :

Ms.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 354B, 379, 504, 509 and 34 of the Indian Penal Code. The informant alleges that on 23.11.2021 at about 8:00 am, all the eight named accused persons, including the petitioners, entered her house and started abusing her, it is next alleged that petitioner no.1 disrobed her and assaulted her with leg and fist, thereafter petitioner no. 2 tried to outrage her modesty and even tried to strangulate her and on alarm when the family members came to rescue her, petitioner no. 1, Raja

Patna High Court CR. MISC. No.13381 of 2022(2) dt.16-09-2022 2/3 Gaurav and Anukant molested the daughter of the informant and Manohar Ram, Santosh, Sanjeev demolished the articles of the informant's house and looted Rs.10-15 thousand and petitioners snatched gold ornaments from the informant worth Rs. 65,000/-. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and have been falsely implicated in the present case, it is next submitted that the date of occurrence is 23.11.2021 and the F.I.R. came to be instituted on 25.11.2021 i.e., after a delay of two days without any plausible explanation, it is next submitted that the present occurrence took place on account of land dispute, the parties are neighbor and from the side of the petitioners also Dharhara P.S. Case No. 229 of 2021 has been registered in which the injured from the side of the petitioners have also suffered injuries which are said to be simple in nature.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.13381 of 2022(2) dt.16-09-2022 3/3 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Dharhara P.S. Case No. 228 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T