Ram Singh @ Raman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50221 of 2023 Arising Out of PS. Case No.-509 Year-2022 Thana- GOPALPUR District- Bhagalpur ====================================================== 1.

Ram Singh @ Raman S/O Baleshwar Singh @ Balli Mahaldar R/O VillageDharhara, Ps. Gopalpur, Dist. Bhagalpur 2.

Shila Devi W/O Ram Singh @ Raman R/O Village- Dharhara, Ps. Gopalpur, Dist. Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brajesh Kumar Singh For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-09-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 448, 307 and 504/34 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, on the order of petitioner no.2, petitioner no.1 is said to assaulted on the vital part of the body of Somiya Kumari due to which she received grievous injury.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus

Patna High Court CR. MISC. No.50221 of 2023(3) dt.12-09-2023 2/3 allegation against the petitioner against petitioner no.2 and she is a lady. He submits that there is case and counter case between the parties and both sides have sustained injuries. He further submits that petitioners and informant are next door neighbours. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

5. Per contra, learned APP for the State vehemently opposing the bail application and submits that the the victim, namely, Somiya Kumari sustained grievous injury. Hence, they do not deserve anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that injury found upon the victim is grievous in nature, I am not inclined to enlarge the petitioner no.1 on bail in connection with Gopalpur P.S. Case No. 509/2022. Accordingly, his prayer for anticipatory bail is hereby rejected.

7. Insofar as petitioner no.2 is concern there is general and omnibus allegation levelled against the petitioner no.2 and she is a lady, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the

Patna High Court CR. MISC. No.50221 of 2023(3) dt.12-09-2023 3/3 satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Gopalpur P.S. Case No.509/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

8. Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) ajay/- U T