Suresh Kumar @ Raju @Raju Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54961 of 2023 Arising Out of PS. Case No.-641 Year-2022 Thana- MALSALAMI District- Patna ======================================================
1. SURESH KUMAR @ RAJU @RAJU KUMAR GUPTA son of Late Rmanand Prasad.
2. Piyush Kumar son of Suresh Kumar @ Raju @ Raju Kumar Gupta
3. Purnima Gupta wife of Suresh Kumar @ Raju @ Raju Kumar Gupta, All are residents of Mohalla-Simli, Murarpur, Batti Ke Neeche, PS, Masalami, District-Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar Singh, Adv For the Opposite Party/s :
Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-08-2023 Heard Mr. Santosh Kumar Singh, learned counsel for the petitioners and Dr. Ajeet Kumar, learned Additional Public Prosecutor for the State.
2. Petitioners apprehend their arrest in connection with Malsalami PS Case No. 641/2022 dated 09.11.2022 registered for the offence punishable under Sections 341/323/354/379/447/504/506/34 of the IPC.
3. On 09.11.2022, while the informant was at his home in the morning, her relative along with other accused persons arrived there, started abusing her and when she protested, the accused persons assaulted the informant by means of fists and slaps. When husband of the informant intervened
Patna High Court CR. MISC. No.54961 of 2023(2) dt.23-08-2023 2/3 into the matter, the accused persons also assaulted him and petitioner no.2, Piyush Kumar snatched her chain.
4. Learned counsel for the petitioners submits that both the parties are close relatives and petitioner no.1 is cousin father-in-law of the informant and petitioner no.3 is the wife of petitioner no. 1 and petitioner no.2 is the son of petitioner no.1. He next submits that there is previous land dispute between the parties and allegation against the petitioners are general and omnibus in nature. No serious injury has been caused to the informant.
5. Regards being had to the submissions made by the parties, taking into consideration that the petitioners are closely related to each other, there is land dispute between the parties and no serious injury has been caused to the informant, I am inclined to grant anticipatory bail to the petitioners.
6. Accordingly, let the petitioners, named above, in the event of arrest or surrender within six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st , Patna City in connection with Malsalami PS Case No. 641/2022, subject to the condition as laid down
Patna High Court CR. MISC. No.54961 of 2023(2) dt.23-08-2023 3/3 under Section 438(2) CrPC.
(Anil Kumar Sinha, J) perwez U T