Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55055 of 2019 Arising Out of PS. Case No.-170 Year-2019 Thana- NAVINAGAR District- Aurangabad ====================================================== 1.
RAUSHAN KUMAR S/o Arun Singh R/o village- Mali Karma, P.S.- Mali, District- Aurangabad 2.
Roky Kumar @ Rocky Kumar S/o Ramprit Singh R/o village- Sadsa, P.S.- Risiup, District- Aurangabad 3.
Ajeet Kumar @ Ajit Kumar S/o Amlesh Singh R/o village- Khadiya, P.S.- Nabingar, District- Aurangabad 4.
Jay Kumar S/o Shrawan Singh R/o village- Sonebarsha, P.S.- Nabingar, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satyendra Kumar Bhatnagar For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-09-2019 The petitioners apprehend their arrest in connection with Nabinagar P. S. Case No. 170 of 2019 registered under Sections 307, 323, 325, 341 and 504/34 of the Indian Penal Code. Allegation against the petitioners is that informant had gone to attend Barat Party on 15.06.2019 and after Dwar Pooja, 10-15 persons arrived in intoxicating condition and started disrupting the marriage ceremony. On objection being raised by the informant and others, petitioners along with others abused and assaulted the informant, his cousin and uncle and two other persons with lathi, danda etc. causing them injuries.
Patna High Court CR. MISC. No.55055 of 2019(3) dt.03-09-2019 2/3 Learned counsel appearing on behalf of the petitioners submits that petitioners have falsely been implicated in this case inasmuch as petitioners were also present in the said Barat party and they belong to the side of the girl. Learned counsel submits that side of the informant had come from Barat party and after consuming liquor they started teasing girls attending the party from the side of girl and upon objection, scuffle took place in between both parties due to which informant and others sustained injuries. Learned counsel, relying upon Annexure-2 series, which is injury reports of all the injured, submits that injuries caused to the informant and others have been found to be simple in nature.
After having heard learned counsel for the parties and taking into consideration the fact that the scuffle between the parties had taken place in a Barat party and injuries suffered by all the victims are simple in nature, as such I am inclined to grant anticipatory bail to the petitioners.
Let the petitioners, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.55055 of 2019(3) dt.03-09-2019 3/3 CJM, Aurangabad in connection with Nabinagar P.S.Case No. 170 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) sujit/- U T