Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31606 of 2023 Arising Out of PS. Case No.-25 Year-2020 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.

RAVI KUMAR s/o of Late Sanjay Kumar Resident of Village- Nal Band Toli, Purani Shahar, Ward No. 8, P.O.- Daudnagar, P.S.- Daudnagar, DistrictAurangabad 2.

Munna Kumar s/o of Late Sanjay Kumar Resident of Village- Nal Band Toli, Purani Shahar, Ward No. 8, P.O. Daudnagar, P.S.- Daudnagar, DistrictAurangabad (Bihar) ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mrs. Leelawati Kumari For the Opposite Party/s :

Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-07-2023 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 447, 448, 323, 504, 379, 354 & 308/34 of the Indian Penal Code.

3. The petitioners along with other co-accused are said to have forcibly entered into the house of the informant and abused her. Co-accused, Sanjay Kumar snatched her gold jiyutia worth Rs.30,000/- and petitioner no.2 assaulted her on head by means of iron rod.

4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The

Patna High Court CR. MISC. No.31606 of 2023(2) dt.20-07-2023 2/2 allegation levelled against the petitioner no.1 is not specific rather general and omnibus in nature. Although, there is specific allegation against petitioner no.2 of assaulting the informant by means of iron rod but the injury sustained by the informant is simple in nature, which is evident from Annexure2 to this application. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Having regard to the facts and circumstances of the case as also the fact that the injury sustained by the victim is simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Daudnagar P.S. Case No.25 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T