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Patna High CourtCR. MISC./50828/2024allowed

Raju Kumar Singh v. The State Of Bihar

2024-08-21Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50828 of 2024 Arising Out of PS. Case No.-186 Year-2024 Thana- MADHAURAH District- Saran ====================================================== 1.

Raju Kumar Singh Late Bijendra Singh R/O Of Vill.- Takina ward no.2, PSMadhowrah, Dist.- Saran at Chapra 2.

Hiramati Devi W/O- Late Bijendra Singh R/O Of Vill.- Takina ward no.2, PS- Madhowrah, Dist.- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kumari, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Marhurrah P.S. Case No. 186 of 2024 dated 25.03.2024, instituted for the offence punishable under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code.

3. The prosecution case, in short, is that on the date of occurrence the informant was eating at the door of Amit Singh when petitioners along with other co-accused came and assaulted the informant. Petitioner No. 1 Raju Kr. Singh assaulted with knife on the head of the informant and Petitioner No. 2 Hiramati Devi assaulted the informant by means of iron

Patna High Court CR. MISC. No.50828 of 2024(2) dt.21-08-2024 2/3 rod.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is submitted that Petitioner No. 1 Raju Kr. Singh assaulted with knife on the head of the informant and Petitioner No. 2 Hiramati Devi assaulted the informant by means of iron rod but the injuries are simple in nature. It is submitted that there is case and counter case between the parties. It is submitted that Petitioner No. 2 lodged an F.I.R. against the informant and others bearing Marhurrah P.S. Case No. 188 of 2024. It is further submitted that both the parties are agnates. Lastly, it has been submitted that they have no criminal antecedent.

5. Learned A.P.P. has opposed the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Marhurrah P.S. Case No. 186 of 2024, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.50828 of 2024(2) dt.21-08-2024 3/3 the learned C.J.M., Saran at Chhapra, subject to condition as laid down under Section 438(2) of the Cr.P.C.. (Khatim Reza, J) prabhat/- U T