Ranjeet Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57835 of 2019 Arising Out of PS. Case No.-180 Year-2019 Thana- SIKARPUR District- West Champaran ====================================================== RANJEET KUSHWAHA, aged about 35 years, Male, S/O Sheo Pujan Kushwaha, Resident of Village- Bahuarwa, P.S.- Shikarpur, District- West Champaran ... Petitioner

Versus

The State of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Sanjeev Kumar, Adv.

For the Opposite Party :

Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 13-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Shikarpur P.S. Case No. 180 of 2019 for the offences alleged under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code.

The accusation is that in the morning of 29.04.2019, four persons, named in the first information report, including the petitioner, came at the door of the informant, Sushila Devi, and started to abuse saying that she is in the habit of doing witchcraft. When the informant made protest, then, petitioner, Ranjeet Kushwaha, gave sword blow at her neck on which she fell down. Munna Kushwaha, son of the informant, rushed to save her, then, Lalpari Devi caused injury through dabia at his fore-head. When Bajrangi Mahto, husband of the informant, rushed to save her, he was also assaulted by lathi. The accused persons also snatch the ornaments and cash of Rs.22,000/-, kept in the box. The submission of the learned counsel for the petitioner is

Patna High Court CR. MISC. No.57835 of 2019(2) dt.13-09-2019 2/2 that due to grudge and petty dispute occurrence of marpeet took place in which petitioner's side also sustained injury regarding which Shikarpur P.S. Case No. 187 of 2019 was also instituted under Sections 341, 323, 379, 354, 427 and 504/34 of the Indian Penal Code against the informant and other family members. More over, injuries, as found on the persons of the informant, her husband and son, are simple in nature, caused by hard and blunt substance. Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Shikarpur P.S. Case No. 180 of 2019 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran at Bettiah, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T