Ramu Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18218 of 2024 Arising Out of PS. Case No.-385 Year-2023 Thana- CHHAURADANO District- East Champaran ====================================================== 1.

Ramu Ranjan Kumar Son Of Suresh Prasad Yadav R/O-Bela, P.S.- Chhauradano, Distt.-EAST Champaran 2.

Shyamu Ranjan Kumar Son Of Suresh Prasad Yadav R/O-Bela, P.S.- Chhauradano, Distt.-EAST Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Ranjan For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-04-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 326, 307, 354B, 448, 380, 504 and 406 of the Indian Penal Code.

3.

Learned counsel for the petitioners submits that the petitioner No. 1 is a person with clean antecedent and petitioner No. 2 has antecedent of one case. It is next submitted that petitioners have been falsely implicated in the instant case by the informant. It is next that petitioner No. 1 is currently posted with the Army and is serving his duties at Kashmir. It is further

Patna High Court CR. MISC. No.18218 of 2024(2) dt.02-04-2024 2/3 submitted that petitioner No. 1 is alleged to have assaulted Rajpal causing injury on head and petitioner No. 2 is alleged to have assaulted Sugam by lathi on left side of his leg and the reason for the occurrence is alleged to be dispute relating to money, as the informant alleges that he had given certain amount of money to the petitioner No. 1 for purchasing a piece of land but then the petitioner No. 1 usurped the amount given by the informant.

4.

The learned counsel further submits that mother of the petitioner No. 1 also instituted Chhauradano PS Case No. 386 of 2023 against the informant and others alleging that she was badly assaulted, disrobed and even suffered assault on her private parts. It is next submitted that since the mother of the petitioner No. 1 was brutalized in the manner as alleged in the FIR as such an altercation took place and a fight ensued and it may be a possibility that out of anger, the petitioner No. 1 assaulted the informant on head. It is further submitted that petitioner No. 1 is an army man, he is serving the nation and came to be implicated in the instant case for the reasons that he objected the conduct of the informant and his side which they committed with his mother as would be evident from Chhauradano PS Case No. 386 of 2023. It is next submitted that

Patna High Court CR. MISC. No.18218 of 2024(2) dt.02-04-2024 3/3 no doubt the injury suffered by Rajpal has been reserved but then Sugam has suffered simple injury.

5.

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

6.

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 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 Chhauradano P.S. Case No. 385 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) SUMIT/- U T