Rakesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67617 of 2021 Arising Out of PS. Case No.-473 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== 1.

RAKESH KUMAR SINGH Son of Sri Nandan Prasad Singh Resident of Mohalla- Sadhugachhi, P.S.- Ahiyapur, District- Muzaffarpur. 2.

Mamta Devi Wife of Sri Rakesh Kumar Singh Resident of MohallaSadhugachhi, P.S.- Ahiyapur, District- Muzaffarpur. 3.

Anjali Singh Daughter of Sri Rakesh Kumar Singh Resident of MohallaSadhugachhi, P.S.- Ahiyapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Lalmani Devi Wife of Sri Nandan Prasad Singh Resident of MohallaSadhugachhi, P.S.- Ahiyapur, District- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shankar Kishore Shahi For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-08-2022 Heard learned counsel for the petitioners, State and informant.

The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code.

As per the prosecution case, all the three accused persons entered in the house of the informant alongwith 2-3 unknown criminals and asked to sign on blank stamp paper and on protest, they assaulted informant with fists and slaps. It is further alleged that when grand daughters and grand son of the

Patna High Court CR. MISC. No.67617 of 2021(4) dt.30-08-2022 2/3 informant came to save her, they were also assaulted with iron rod, as a result of which, they sustained injury. It is submitted on behalf of petitioners that informant is none else but mother of petitioner no. 1 and other two petitioners are wife and daughter of petitioner no. 1 respectively. Petitioners are living in the same house and due to some domestic dispute, quarrel took place. There is case and counter case and both sides sustained injury. Injuries caused on the informant side were of simple in nature. Petitioners have got clean antecedent.

However, learned counsel for the informant vehemently opposed the prayer for anticipatory bail and submitted that there is specific accusation against these petitioners of commission of assault, as a result of which, three persons sustained injury.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 473 of 2021, subject to

Patna High Court CR. MISC. No.67617 of 2021(4) dt.30-08-2022 3/3 condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T