Shashi @ Rishikesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54197 of 2024 Arising Out of PS. Case No.-127 Year-2024 Thana- SASARAM NAGAR District- Rohtas ====================================================== Shashi @ Rishikesh S/o Munna Kumar R/o vill - Karan Sarai, P.S. - Sasaram, Distt. - Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Ojaswee Kumari, Advocate For the Opposite Party/s :

Ms.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-08-2024 1.

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

2.

This application, for grant of anticipatory bail, arises out of Sasaram (T) PS case no. 127 of 2024, disclosing offences punishable under Section 307 and other allied sections of the Indian Penal Code.

3.

The prosecution story, as per the First Information Report, is that on 05.02.2024, when the informant prevented the petitioner from misbehaving with a girl, who was passing through the house of the informant, then the petitioner along with others assaulted the informant and his co-villagers with lathi, danda etc., due to which, they sustained injuries. 4.

Learned Counsel for the petitioner submits that both parties are co-villagers and there was dispute regarding

Patna High Court CR. MISC. No.54197 of 2024(2) dt.31-08-2024 2/3 village rivalry. Learned counsel further submits that the statement of the girl, who was being misbehaved allegedly by the petitioner, has not been recorded. He next submits that the petitioner is a student and is appearing in D.EL.ED. Examination, which would be evident from Annexure-3. He also submits that the injuries caused to the victims are simple in nature except injury no. 4, which is stated to be serious in nature but it is not on the vital part of the body. Learned counsel also submits that mother of the petitioner has filed a counter case against the informant and others. The petitioner is stated to be having no criminal antecedent.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that case and counter case is existing between the parties as also the fact that the petitioner has a clean antecedent, 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

Patna High Court CR. MISC. No.54197 of 2024(2) dt.31-08-2024 3/3 satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (T) PS case no. 127 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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