Rishi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36143 of 2024 Arising Out of PS. Case No.-95 Year-2024 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.
Rishi Kumar son of Bajrangi Paswan Village- Kabirchak Ps- Sadar Dist Distict -Darbhanga 2.
Bajrangi Paswan son of Asharfi Paswan Village- Kabirchak Ps- Sadar Dist Distict -Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Das, Adv.
For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 26-06-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Sadar P.S. Case No. 95 of 2024 dated 21.02.2024, instituted for the offence punishable under Sections 341, 504, 323, 379, 427, 354(B) and 506/34 of the Indian Penal Code.
3. The prosecution case, in short, is that on the date of occurrence at about 10:30 am informant was cooking when her co-villager, namely, Rishi Kumar forcibly entered into her house and started abusing her in filthy
Patna High Court CR. MISC. No.36143 of 2024(2) dt.26-06-2024 2/3 language. When the informant's husband protested then accused caught informant's hair and with an intention to kill her and pressed the neck of the informant. In course of scuffle, accused snatched her Mangalsutra worth Rs. 60,000/-.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is submitted that the allegation of assault by the petitioners is not supported by the medical report which has been made part of the F.I.R.. It is submitted that the petitioners and informant are next door neighbours and there is a land dispute between the parties. It is submitted that informant and her husband sells Toddy near the house of the petitioners and the person, who was in drunken state created nuisance. Lastly, it has been submitted that they have no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners
Patna High Court CR. MISC. No.36143 of 2024(2) dt.26-06-2024 3/3 within a period of six weeks from today, in connection with Sadar P.S. Case No. 95 of 2024, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Darbhanga, subject to condition as laid down under Section 438(2) of the Cr.P.C..
(Khatim Reza, J) prabhat/- U T