Patna High CourtCR. MISC./55356/2025partly allowed disposal

Kartik Ram v. The State Of Bihar

2025-08-27Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55356 of 2025 Arising Out of PS. Case No.-505 Year-2025 Thana- MADHEPURA District- Madhepura ====================================================== 1.

KARTIK RAM S/O LATE BINDESHWARI RAM RESIDENT OF VILLAGE- PIPRAHI, WARD NO 7, P.S.- MADHEPURA (GHAILADH O.P.), DISTRICT- MADHEPURA 2.

KAJAL DEVI W/O KARTIK RAM RESIDENT OF VILLAGE- PIPRAHI, WARD NO 7, P.S.- MADHEPURA (GHAILADH O.P.), DISTRICTMADHEPURA 3.

RITIK KUMAR @ RITIK RAM S/O KARTIK RAM RESIDENT OF VILLAGE- PIPRAHI, WARD NO 7, P.S.- MADHEPURA (GHAILADH O.P.), DISTRICT- MADHEPURA 4.

SWEETY KUMARI D/O KARTIK RAM RESIDENT OF VILLAGEPIPRAHI, WARD NO 7, P.S.- MADHEPURA (GHAILADH O.P.), DISTRICT- MADHEPURA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Durgesh Kumar For the Opposite Party/s :

Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-08-2025

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Madhepura (Gailadh O.P.) Police Station Case No. 505 of 2025, disclosing offences under Sections 126(2), 115(2), 109, 303(2), 352, 351(2), 3(5) of the BNS, 2023.

3. The prosecution case, in brief, is that as per the written report of informant Meera Devi, petitioners assaulted the informant over demand of Rs. 40,000/- received by her under a government housing scheme. It is alleged that petitioner no. 1 assaulted the informant on the head with a rod, and when her younger son Amit Ram intervened, he too was assaulted by

Patna High Court CR. MISC. No.55356 of 2025(2) dt.27-08-2025 2/3 petitioner no. 1 and petitioner no. 3/Ritik Ram with a rod and dabia. It is further alleged that when Amit Ram's wife, Baby Devi, carrying her minor son Ananta Kumar (aged about 3 years), came to rescue, petitioner no. 3 assaulted the child with dabia, while petitioners nos. 2 and 4 i.e., Kajal Devi and Sweety Kumari along with Sindhu Kumari and Seema Kumari threw Baby Devi to the ground and assaulted her with fists, slaps and kicks. It is also alleged that petitioner no. 2 Kajal Devi snatched the gold earrings of Baby Devi and the accused persons took away utensils, clothes and Rs. 20,000/- in cash after breaking the box of the informant.

4. Learned Counsel for the petitioners submits that the petitioners have falsely been implicated in the present case due to family dispute. No occurrence in the manner alleged has ever taken place and entire prosecution version against the petitioners are full of concoction and fabrication. No independent witness has supported the prosecution allegation against the petitioners. Petitioners are having no criminal antecedent.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioner nos. 2 and 4 are lady and petitioner no. 3 is a young

Patna High Court CR. MISC. No.55356 of 2025(2) dt.27-08-2025 3/3 boy having no criminal antecedent, I am inclined to grant the petitioner nos. 2, 3, and 4 privilege of anticipatory bail.

6. Insofar as petitioner no. 1 is concerned, there is direct allegation against him of assaulting the informant and her son, accordingly, I am not inclined to grant the petitioner no. 1 privilege of anticipatory bail.

7. This application is partly allowed to the extent indicated above.

8. Let the petitioner nos. 2, 3 and 4, above named, in the event of their arrest or surrender before the Court below within four 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 Chief Judicial Magistrate, Madhepura, in connection with Madhepura (Gailadh O.P.) Police Station Case No. 505 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.

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