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Patna High CourtCR. MISC./28925/2020bail granted

Rohit Kumar @ Rohit Singh v. The State Of Bihar

2020-12-11Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28925 of 2020 Arising Out of PS. Case No.-6 Year-2020 Thana- BARH District- Patna ====================================================== 1.

ROHIT KUMAR @ ROHIT SINGH Son of Raja Singh @ Rana Pratap Singh Resident of Village - Hajipur Billor, P.S.- Barh, District - Patna. 2.

Sunny Kumar Son of Devanand Singh Resident of Village - Hajipur Billor, P.S.- Barh, District - Patna.

3.

Sonu Kumar Son of Devanand Singh Resident of Village - Hajipur Billor, P.S.- Barh, District - Patna.

4.

Nunnu Singh @ Ranjeet Singh Son of Fauzi Singh @ Faujdar Singh Resident of Village - Hajipur Billor, P.S.- Barh, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Sen Prasad Singh For the Opposite Party/s :

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-12-2020 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State, through Video Conferencing.

This application, for grant of anticipatory bail, arises out of Barh Police Station Case No. 06 of 2020, disclosing offences under Sections 341/323/325/ 448/354-B/504/506/34 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the petitioners entered into the house of the informant and tried to outrage her modesty and on objection

Patna High Court CR. MISC. No.28925 of 2020(2) dt.11-12-2020 2/3 being raised by the informant, the petitioners assaulted her with fists, slaps, iron-rod and bricks and when the husband of the informant came to her rescue, they assaulted the husband of the informant by the butt of the pistol.

Learned Counsel for the petitioners submits that both the parties are closely related inasmuch as the petitioner no. 4 is the brother-in-law (Bhaisur) of the informant and petitioner nos. 1, 2 and 3 are her nephews. He further submits that both the parties are co-sharers and reside in the house situated side by side and there is dispute between the parties on trivial issue of quarrel among the children. He further submits that the injuries caused to the husband of the informant have been found to be simple in nature except one injury, caused in the little finger, which has been opined to be grievous by the doctor and the same is not on the vital part of the body.

After having heard learned Counsel for the parties concerned and taking into consideration the materials on record and the fact that both the parties are closely related and are cosharers, I am inclined to grant the petitioners privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioners, above named, in the event of their

Patna High Court CR. MISC. No.28925 of 2020(2) dt.11-12-2020 3/3 arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Barh, Patna, in connection with Barh Police Station Case No. 06 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √