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Patna High CourtCR. MISC./46803/2024disposed

Mukesh Bharti v. The State Of Bihar

2024-07-24Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46803 of 2024 Arising Out of PS. Case No.-210 Year-2023 Thana- PASRAHA District- Khagaria ====================================================== 1.

Mukesh Bharti Son Of Hriday Narayan Singh Resident Of Village - Satishnagar, P.S. - Pasraha, District - Khagaria 2.

Raman Kumar @ Rakesh Kumar Son Of Ajay Singh @ Baudhu Singh Resident Of Village - Satishnagar, P.S. - Pasraha, District - Khagaria 3.

Baudhu Singh Son Of Hriday Narayan Singh Resident Of Village - Satishnagar, P.S. - Pasraha, District - Khagaria 4.

Panchanand Kumar Son Of Late Suresh Singh Resident Of Village - Satishnagar, P.S. - Pasraha, District - Khagaria 5.

Raju Kumar @ Raj Kumar Son Of Ramchandra Singh Resident Of Village - Satishnagar, P.S. - Pasraha, District - Khagaria 6.

Deepak Kumar Son Of Bilash Singh Resident Of Village - Satishnagar, P.S. - Pasraha, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Prasoon For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-07-2024 After some argument, learned counsel for the petitioners seeks permission to withdraw this anticipatory bail petition in respect of petitioner no. 2 (Raman Kumar @ Rakesh Kumar).

2. The anticipatory bail petition stands dismissed, so far as petitioner no. 2 is concerned.

3. The petitioners (i.e. petitioner nos. 1, 3, 4, 5 & 6) apprehend their arrest in a case registered for the offence under

Patna High Court CR. MISC. No.46803 of 2024(2) dt.24-07-2024 2/3 Sections 341, 323, 325, 379, 354(B), 307, 427, 447, 34 of the Indian Penal Code.

4. It is alleged that on 26.07.2023, all the F.I.R. named accused persons including these petitioners came at the house informant and thereafter, abused and misbehaved with informant and also tried to outrage her modesty. It is further alleged that co-accused Devranjan Singh and Raman Kumar assaulted with iron rod on the hand of informant and caused fracture injury, whereas, other persons are alleged to have looted cash of Rs. three lacs and one gold chain from the informant.

5. Learned counsel for the petitioners submits that specific accusation of assault with iron rod is against other coaccused persons. So far as these petitioners are concerned, there is general and omnibus allegation and no specific overt act has been alleged against them. Rest of the allegation is ornamental in nature. Petitioners claim clean antecedent.

6. Learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail.

7. Considering the aforesaid facts and circumstances, in the event of their arrest/surrender within a period of six weeks from today, let the petitioner nos. 1, 3, 4, 5 & 6, as named above, be enlarged on bail on furnishing bail-bonds of Rs.

Patna High Court CR. MISC. No.46803 of 2024(2) dt.24-07-2024 3/3 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Pasraha P.S. Case No. 210 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application is, accordingly, disposed of. (Prabhat Kumar Singh, J) anay U T