Upendra Ravidas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44593 of 2023 Arising Out of PS. Case No.-83 Year-2020 Thana- KINJAR District- Jehanabad ====================================================== 1.
UPENDRA RAVIDAS SON OF SHIV LADDU RAVIDAS RESIDENT OF VILLAGE- KOCHAS, P.O- KOCHAS, P.S- KINJAR, DISTT- ARWAL 2.
RANJAN KUMAR SON OF UPENDRA RAVIDAS RESIDENT OF VILLAGE- KOCHAS, P.O- KOCHAS, P.S- KINJAR, DISTT- ARWAL 3.
CHITRANJAN KUMAR SON OF UPENDRA RAVIDAS RESIDENT OF VILLAGE- KOCHAS, P.O- KOCHAS, P.S- KINJAR, DISTT- ARWAL 4.
NISHA KUMARI DAUGHTER OF UPENDRA RAVIDAS RESIDENT OF VILLAGE- KOCHAS, P.O- KOCHAS, P.S- KINJAR, DISTT- ARWAL 5.
RANJU DEVI WIFE OF UPENDRA RAVIDASH RESIDENT OF VILLAGE- KOCHAS, P.O- KOCHAS, P.S- KINJAR, DISTT- ARWAL 6.
SAVITRI DEVI @ SAVITA DEVI WIFE OF MANTU RAVIDAS RESIDENT OF VILLAGE- KOCHAS, P.O- KOCHAS, P.S- KINJAR, DISTT- ARWAL ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rudra Deo, Adv.
For the Opposite Party/s :
Mr.Shailendra Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Vide order dated 31.07.2023 this application was dismissed as withdrawn in respect of petitioner no.1, namely, Upendra Ravidas.
3. Now this application survives for petitioner nos. 2 to 6 only.
4. The petitioners apprehend their arrest in a case
Patna High Court CR. MISC. No.44593 of 2023(3) dt.22-08-2023 2/3 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 308, 354(b) & 379 of the Indian Penal Code.
5. The prosecution story, in brief, is that on 11.11.2020 at about 07:00 a.m., when the informant was returning to her house after purchasing sugar, all the accused persons including these petitioners surrounded her and started assaulting and when her husband, son and daughter came to save her, they were also assaulted with deadly weapons due to which they sustained injuries. The female accused snatched the golden earring and jitiya from the possession of the informant.
6. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Though injured Mritunjay Kumar sustained grievous injury on his index finger, but not on the vital part. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
7. Learned APP for the State opposed the prayer for bail.
8. Having regard to the facts and circumstances of the
Patna High Court CR. MISC. No.44593 of 2023(3) dt.22-08-2023 3/3 case, as there is no specific overt act against petitioner nos. 2 to 6, let the above named petitioner nos. 2, 3, 4, 5 & 6, 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 Kinjar P.S. Case No. 83 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T