Ram Naresh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44019 of 2022 Arising Out of PS. Case No.-179 Year-2022 Thana- MAHARAJGANJ District- Siwan ====================================================== 1.

RAM NARESH SAH Son of Late Ram Barai Sah Resident of villageRatanpura, P.S- Maharjganj, Dist- Siwan 2.

Monu Sah @ Manu Kumar Prasad Son of Ram Naresh Sah Resident of village- Ratanpura, P.S- Maharjganj, Dist- Siwan 3.

Matishari Devi Wife of Ram Naresh Sah Resident of village- Ratanpura, P.S- Maharjganj, Dist- Siwan 4.

Shikha Kumari Wife of Sonu @ Krishna Sah Resident of village- Ratanpura, P.S- Maharjganj, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar, Advocate For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 337, 338, 353, 386, 387, 427, 504, 506 and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent, petitioner nos. 3 and 4 are women and petitioner no.3 is a senior citizen aged about 63 years and the informant alleges that he received

Patna High Court CR. MISC. No.44019 of 2022(2) dt.26-09-2022 2/3 information that Sonu in an inebriated condition was abusing and assaulting, accordingly he reached the place of occurrence along with the police force when Sonu, Monu, Ramnaresh and wife of Sonu came variously armed, it is further alleged that Sonu assaulted the informant by farsa causing injury on head and also assaulted police force and damaged the government vehicle, it is further alleged that Sonu also tried to snatch the rifle of police force.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case as they are related to Sonu, it is next submitted that from perusal of the allegations as alleged in the FIR it would manifest that the thrust of the allegation is against Sonu and as far as these petitioners are concerned, the allegations against them are general and omnibus in nature, it is also submitted that since petitioners are related to Sonu as such they have also been implicated in the present case as petitioner no.1 is father, petitioner no.2 is brother, petitioner no. 3 is mother and petitioner no.4 is wife of Sonu.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned

Patna High Court CR. MISC. No.44019 of 2022(2) dt.26-09-2022 3/3 counsel for the petitioners, the petitioners above-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 court below where the case is pending/successor court in connection with Maharajganj P.S. Case No. 179 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T