Suresh Kumar @ Raju @ Raju Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48761 of 2024 Arising Out of PS. Case No.-423 Year-2023 Thana- MALSALAMI District- Patna ====================================================== 1.
Suresh Kumar @ Raju @ Raju Kumar Gupta, S/o Late Ramanand Prasad, Resident of Village Simli Murarpur ke Niche, P.S. - Malsalami, DistrictPatna 2.
Purnima Gupta @ Purnima W/o Suresh Kumar @ Raju @ Raju Kumar Gupta Resident of Village Simli Murarpur ke Niche, P.S. - Malsalami, District. - Patna 3.
Piyush Kumar S/o Suresh Kumar @ Raju @ Raju Kumar Gupta Resident of Village Simli Murarpur ke Niche, P.S. - Malsalami, District. - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-08-2024
1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Malsalami P.S. Case no. 423 of 2023 registered under sections 354B, 354, 341, 448, 323, 325, 504, 506 and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant states that on her husband going to the shop, the three petitioners
Patna High Court CR. MISC. No.48761 of 2024(2) dt.08-08-2024 2/3 herein entered her house and started to assault her father-in-law. On the informant going to his rescue, it is stated that the petitioner no.3 caught hold of her hair, threw her on the ground and started molesting her. He tore her blouse. It is further stated that the petitioner no.2 also started to abuse her husband and threatened that he would be killed.
4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. The parties are relatives and there is pending land dispute between them which is also the subject matter of Title Partition Suit no. 182 of 2022 pending in the Court of learned Sub-Judge Ist, Patna City. The petitioners undertake to cooperate in the case.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegations in the F.I.R., the pending case between the parties in the learned trial Court, it is directed that all the three petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Malsalami P.S. Case no. 423 of 2023 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten
Patna High Court CR. MISC. No.48761 of 2024(2) dt.08-08-2024 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Patna City, Patna.
(Partha Sarthy, J) avinash/- U T