Shambhu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48591 of 2024 Arising Out of PS. Case No.-97 Year-2023 Thana- RAMPUR HARI District- Muzaffarpur ====================================================== Shambhu Rai Son of Guru Charan Ray Resident of Village - Koili Bharao, P.S.- Rampur Hari (Ex- Meenapur), District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-08-2024 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Rampur Hari PS case no. 97 of 2023 disclosing offences punishable under Sections 498(A), 341, 323, 324, 504/34 of the Indian Penal Code.

3.

The prosecution story, as per the First Information Report, is that on 29.05.2023, while the husband of the informant was assaulting her due to non-fulfillment of the demand of dowry, in the meanwhile, petitioner being father-in-law of the informant, inflicted knife blow causing injury on the right side of head of the informant.

4.

Learned Counsel for the petitioner submits that petitioner is father-in-law of the informant and there was marriage discord between the informant and petitioner's son. Learned

Patna High Court CR. MISC. No.48591 of 2024(2) dt.14-08-2024 2/2 counsel further submits that the entire family members has been made accused on the basis of allegation of demand of dowry. He next submits that the injury report of the informant shows that nature of injury is simple caused by hard and blunt substance, whereas the allegation against the petitioner is that petitioner assaulted the informant by means of knife, which is a sharp cutting weapon. 5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the nature of injury, I am inclined to grant the privilege of anticipatory bail to the petitioner. 6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-9 (East), Muzaffarpur in connection with Rampur Hari PS case no. 97 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T