Laddu Nat @ Laddu Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63606 of 2024 Arising Out of PS. Case No.-148 Year-2024 Thana- KARAKAT District- Rohtas ====================================================== 1.
Laddu Nat @ Laddu Ram S/o Late Dugru Nat R/o vill - Sahari, P.S. - Karakat, Distt. - Rohtas 2.
Sunil Nat S/o Sui Nat R/o vill - Sahari, P.S. - Karakat, Distt. - Rohtas 3.
Sui Nat S/o Late Dugru Nat R/o vill - Sahari, P.S. - Karakat, Distt. - Rohtas ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Pandey, Advocate For the Opposite Party/s :
Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 07-10-2024
1. Heard learned counsel for the petitioners and the learned APP for the State.
2. The petitioners apprehend their arrest in connection with Karakat P.S. Case No. 148 of 2024 dated 20.03.2024 registered for the offence(s) punishable under Section(s) 341 323, 324, 307, 379, 504 read with Section 34 of the Indian Penal Code.
3. As per prosecution, Umesh Prasad (informant) stated that on 20.03.2024 when his son Ravi Kumar was drinking tea at the shop of Gupteshwar Sah, he was abused and assaulted by the accused persons. Thereafter, when the informant came to pacify the matter, he was also assaulted by
2/4 Laddu Nat (petitioner no.1) by means of a knife on his head and leg and when the wife of the informant, Guriya Devi, came she was also assaulted by Fulwanti Devi and Sui Nat (petitioner no.3) and her gold nose ring (nathuni) was also snatched away by Fulwanti Devi.
4. The main submissions advanced by the learned counsel for the petitioners are that there is simple allegation against all the petitioners, the petitioner no.1 (Laddu Nat @ Laddu Ram) is alleged to have assaulted the informant with a knife but on his person three simple injuries were found and the second injured is said to be the wife of the informant, Guriya Devi, who sustained only one injury which has been opined to be simple in nature and the FIR of instant case is counterblast of Karakat P.S. Case No. 145 of 2024 which was lodged by one Nandini Devi, daughter-in-law of petitioner no.3, however, in the present time a good relation has restored in between both the parties, though there are criminal antecedents of two cases against the petitioner no.1 (Laddu Nat @ Laddu Ram) but the said cases of antecedents were lodged under minor offences of the I.P.C. and the alleged offence of Section 307 of I.P.C. is not made out in view of the nature of injuries.
5. Learned APP appearing for the State has opposed
3/4 the bail prayer of the petitioners and submitted that on the person of informant three injuries were found in which one stab wound was found as a stab injury and massive bleeding was also found from his body which shows the seriousness of the allegation against petitioner no.1 (Laddu Nat @ Laddu Ram) and further the petitioner has criminal antecedent of two cases.
6. Considering the seriousness of the allegation appearing against the petitioner no.1 (Laddu Nat @ Laddu Ram) and getting support from the injury report of the informant and also coupled with his criminal antecedents, this court is not inclined to accept the anticipatory bail prayer of the petitioner no.1 (Laddu Nat @ Laddu Ram). Accordingly, his prayer stands rejected
7. So far as the prayer of petitioner no. 2 (Sunil Nat) and petitioner no. 3 (Sui Nat) is concerned as against them there is no specific allegation of having assaulted the informant and the informant's wife, who is said to have been assaulted by the co-accused persons, sustained one injury which has been opined to be simple in nature, considering these aspects, this court is inclined to accept their anticipatory bail prayer. Accordingly, let the petitioner no. 2 (Sunil Nat) and petitioner no. 3 (Sui Nat) in the event of their arrest/surrender before the learned court
4/4 below within a period of six weeks from today, be released on anticipatory bail in connection with Karakat P.S. Case No. 148 of 2024 on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) Rajiv/- U T