Vikash Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53732 of 2025 Arising Out of PS. Case No.-168 Year-2025 Thana- KAUWAKOL District- Nawada ====================================================== 1.

Vikash Verma Son of Ashok Verma Vill - Jagochak, P.S - Kawakole, Dist - Nawada 2.

Rina Devi @ Renu Devi Wife of Ashok Verma Vill - Jagochak, P.S - Kawakole, Dist - Nawada 3.

Nitu Devi wife of Mukesh Verma Vill - Jagochak, P.S - Kawakole, Dist - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Adv Mr.Birendra Kumar, Adv Mr. Kumud Kishore, Adv For the Opposite Party/s :

Ms.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-08-2025 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 191(3), 189(4), 126(2), 115(2), 117(3), 118(2), 109, 305(9), 324(4), 76, 74, 114(4), 352, 351(3) of the Bharatiya Nyaya Sanhita. 3.

Learned counsel for the petitioners submits that the petitioners have antecedent of one case and petitioner Nos. 2 and 3 are women and the informant alleges that accused persons on 27-4-2025 at 12 PM came to her house along with 8-10 unknown accused and assaulted Sujit injuring him, thereafter

2/4 Rizwan Khan assaulted her husband by sword causing injury on head, further Afzal, Shahbaz and Monu assaulted her brother-inlaw, Dilip, by an iron rod causing four injury on head, thereafter Mohan and Mukesh assaulted her husband by an iron shanti causing fracture of head, hand and leg, thereafter Sohail and Sohrab assaulted her mother-in-law causing fracture of hand, further, Arbaaz, Saroj and Sohrab assaulted her and her brotherin-law causing injury on hand of her brother-in-law, thereafter on order of Nitu and Rina, accused Mukesh, petitioner No. 1 and Mohan tried to rape the informant, further, Nitu assaulted her brother-in-law with brick and he became unconscious, thereafter Sohail, Sohrab and Monu took Rs. 35,000/- from her house and Azad dashed her against the wall, further alleges that Mukesh is a gangster and he got the occurrence committed. 4.

The learned counsel appearing on behalf of the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that informant has given a vivid description of the occurrence alleging who assaulted whom, where and by what. It is next submitted that it does not appear probable that if the occurrence of the nature as alleged had taken place, the

3/4 informant could have given such vivid description of the occurrence. It is also submitted that even presuming what has been alleged is true without admitting, then the allegation against the petitioners is general and omnibus in nature, though it is alleged that on orders of Nitu and Rina, petitioner No. 1 along with two others tried to rape the informant, but then it does not appear probable that when occurrence of the nature as alleged is taking place, the accused would have tried to commit rape. It is next submitted that allegation of assaulting the brother-in-law by brick by Nitu is ornamental. It is also submitted that petitioners will not abscond rather will cooperate in the investigation to prove their innocence. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with

4/4 Kawakole P.S. Case No. 168 of 2025, subject to the conditions as laid down under Section 482 (2) of the BNSS. (Satyavrat Verma, J) Sumit/- U T