Ramprit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24669 of 2020 Arising Out of PS. Case No.-199 Year-2019 Thana- BARBIGHA District- Sheikhpura ====================================================== RAMPRIT KUMAR Son of Sideshwar Prasad Resident of Village- Maldah, P.S.- Barbigha, District- Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Anjani Pd. Singh, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-01-2021 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Barbigha P.S. Case no. 199 of 2019 registered under sections 341, 323, 504, 448, 506, 308, 354 and 34 of the Indian Penal Code and sections 3 and 4 of the Dayan Act. As per allegation in the FIR, the accused persons including the petitioner herein are stated to have addressed the informant as a dayan and used to threaten her with abuses. It is submitted by learned counsel for the petitioner that while the occurrence is alleged to have taken place in the night of 30.8.2019, inspite of the police station being only at a distance of about 4 kms, information to the police station was given the next day at about 3 pm. There is no explanation for the

Patna High Court CR. MISC. No.24669 of 2020(5) dt.28-01-2021 2/2 delay nor is their any injury report available on record. It is submitted that a minor scuffle between the parties who are neighbours has been given a picture of serious allegation. The petitioner has no criminal antecedent.

The application for bail is opposed by learned counsel for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner not having any criminal antecedent, the Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Barbigha P.S. Case no. 199 of 2019 he will be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) Prakash/- U