Kishan Kumar @ Kishan Manohar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49635 of 2024 Arising Out of PS. Case No.-92 Year-2024 Thana- MOTIHARI TOWN District- East Champaran ====================================================== 1.
Kishan Kumar @ Kishan Manohar SON OF LATE MANOHAR RAM R/O VILLAGE- BALUWA TALL, PS- MOTIHARI TOWN, DIST- EAST CHAMPARAN 2.
PRINCE KUMAR SON OF MANOJ RAM R/O VILLAGE- BALUWA TALL, PS- MOTIHARI TOWN, DIST- EAST CHAMPARAN 3.
KALAWATI DEVI WIFE OF LATE KARIMAN RAM R/O VILLAGEBALUWA TALL, PS- MOTIHARI TOWN, DIST- EAST CHAMPARAN 4.
BHUSHAN RAM @ MANOJ RAM SON OF LATE KARIMAN RAM R/O VILLAGE- BALUWA TALL, PS- MOTIHARI TOWN, DIST- EAST CHAMPARAN 5.
VILLU RAM SON OF LATE KARIMAN RAM R/O VILLAGEBALUWA TALL, PS- MOTIHARI TOWN, DIST- EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Ranjana Srivastava, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-09-2024
1. Learned counsel for the petitioners, after arguing vehemently for some time realizing her difficulty seeks permission to withdraw the prayer for anticipatory bail with respect to petitioner no. 4, namely, Bhushan Ram @ Manoj Ram.
2. Permission is accorded.
3. Accordingly, the prayer for anticipatory bail with respect to petitioner no. 4 is dismissed as withdrawn.
4. Heard learned counsel for the petitioners no. 1, 2, 3
2/4 and 5 and Mr. Rabindra Kumar learned A.P.P. for the State.
5. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 427, 354, 379 and 506/34 of the Indian Penal Code.
6. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner no. 3 is a woman.
7. The informant alleges that the accused persons including the petitioners on 08.02.2024 at 08:00 a.m. came and started abusing the informant and broke the main door of the house. Further, Bhushan Ram assaulted the informant and Ritu Kumar with belt on account of which Ritu fell down on the ground, thereafter Bhushan again assaulted Ritu by knife on his head and face causing injury. It is further alleged that Kishan Manohar tried to assault the informant by an iron rod and thereafter Kishan dragged him and his aunt on the road by holding the hair of his aunt. Further, Bilu Ram brought the grandmother of the informant by holding her hand to a park from where her grandmother and mother fled away in a semi nude condition, thereafter Rahul Kumar was assaulted by Vikki Ram and Mansi Kumari and Kalawati Devi along with Rimjim
3/4 fled away with Rs.30,000/- and ornaments worth Rs.70,000/-.
8. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the instant case by the informant. It is further submitted that no motive has been alleged for the occurrence but then it is specifically alleged that Bhushan assaulted Ritu by knife causing injury on his head and face. It is next submitted that as far as other accused persons are concerned, the allegation of assault is not specific and snatching and fleeing with Rs.30,000/- and ornaments worth Rs.70,000/- is ornamental in nature. It is also submitted that Motihari Town P.S. Case No. 14 of 2024 was instituted by Bhushan against the informant and his side and the instant FIR is a counterblast being Motihari Town P.S. Case No. 92 of 2024.
9. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
10. Considering the submissions made by the learned counsel for the petitioners no. 1, 2, 3 and 5, let the petitioners no. 1, 2, 3 and 5above-named, in the event of their arrest or surrender before the learned Court below 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
4/4 court below where the case is pending/successor court in connection with Motihari Town P.S. Case No. 92 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T