Santosh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46382 of 2024 Arising Out of PS. Case No.-203 Year-2024 Thana- SAKRA District- Muzaffarpur ====================================================== Santosh Rai son of Bhola Rai Village- Sadikpur Muraul Ps- Sakra DistMuzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok For the Opposite Party/s :
Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-08-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Sakra Police Station Case No. 203 of 2024, disclosing offences under Sections 147, 148, 341, 323, 354, 307, 34 of the Indian Penal Code.
3. As per the prosecution case, on 25.03.2024, while the wife of the informant was sitting at the shop, the petitioner along with other accused persons arrived there torn her cloths and tried to outrage the modesty of informant's wife and upon objection being raised by the informant and his family members, they were assaulted by rod, sword, etc. The petitioner assaulted the nephew of the informant namely Amrendra and Samrendra by means of sword.
Patna High Court CR. MISC. No.46382 of 2024(2) dt.07-08-2024 2/3
4. Learned Counsel for the petitioner submits that there is a counter version of the case also lodged by the brother of the petitioner bearing Sakra P.S. Case No. 198 of 2024 for an offence which took place on the same date. The nephew of the informant namely Samrendra Kumar is one of the accused in the FIR lodged by the side of the petitioner who assaulted Jay Prakash/son of the informant of Sakra P.S. Case No. 198 of 2024. The injuries caused to two victims i.e., Samrendra is simple in nature and the injury caused to Amrendra is not serious which would be evident from the injur report at Annexure 3 Series. Both the parties are related residing in the same village.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that there is case and counter case, injuries caused to the victims are not serious, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.46382 of 2024(2) dt.07-08-2024 3/3 satisfaction of learned Additional Chief Judicial Magistrate 15th (East), Muzaffarpur, in connection with Sakra Police Station Case No. 203 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) HarshPandey/- U T