Rupesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56778 of 2022 Arising Out of PS. Case No.-117 Year-2022 Thana- JANKINAGAR District- Purnia ====================================================== 1.
RUPESH KUMAR S/O SRI BANSHIDHAR YADAV Resident of villageBinoba Gram,Janki Nagar,Ward No- 7, P.S.- Janki Nagar, District- Purnea. 2.
RANJAN DEVI W/O RUPESH KUMAR Resident of village- Binoba Gram,Janki Nagar,Ward No- 7, P.S.- Janki Nagar, District- Purnea. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kundan Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Md. Ataur Rahman, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Petitioners apprehend their arrest in a case registered for offence punishable u/s 341, 323, 307, 324, 379, 448, 506/34 of IPC.
Allegedly, the accused persons named in F.I.R. including the petitioners assaulted the informant and his family. Petitioner no.1 is said to have assaulted on head of her daughter. Petitioner no.2 snatched golden chain from informant's neck. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such
Patna High Court CR. MISC. No.56778 of 2022(2) dt.20-12-2022 2/3 occurrence, in the manner as alleged, has ever taken place. The FIR is totally false and concocted. There is case and counter case between the parties. Petitioner no.2 has also instituted Janki Nagar P.S. Case No. 118/2022. Both the parties are agnates and share same house for residence. Petitioner no.1 and husband of informant are own brothers. It is further stated that on the alleged date, the petitioner no.1 picked up mangoes fallen from the tree which is of common share, in which informant also claims ownership and she along with her family came and assaulted petitioner's side. Both sides have sustained injuries. Though the allegation against petitioner no.1 is of assaulting the informant's daughter by means of farsa but as per the injury report, the injury is simple in nature. Petitioners has no criminal antecedent.
Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the injury is simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below
Patna High Court CR. MISC. No.56778 of 2022(2) dt.20-12-2022 3/3 where the case is pending/Successor Court in connection with Janki Nagar P.S. Case No.117 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T