Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65683 of 2024 Arising Out of PS. Case No.-242 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

RAHUL KUMAR S/O MADI RAI R/o Village- Laxmipur, P.S.- Muffasil Motihari, District- East Champaran 2.

Mithlesh Kumar Son of Narath Rai R/o Village- Laxmipur, P.S.- Muffasil Motihari, District- East Champaran 3.

Munna Rai Son of Late Gaya Rai R/o Village- Laxmipur, P.S.- Muffasil Motihari, District- East Champaran 4.

Bhagyamati Devi Wife of Madi Rai R/o Village- Laxmipur, P.S.- Muffasil Motihari, District- East Champaran 5.

Rajmati Devi Wife of Narath Rai R/o Village- Laxmipur, P.S.- Muffasil Motihari, District- East Champaran 6.

Kiran Devi Wife of Munna Rai R/o Village- Laxmipur, P.S.- Muffasil Motihari, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suraj Kumar Tiwari, Advocate For the Opposite Party/s :

Ms. Anita Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 01-10-2024 Heard learned Counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Muffasil P.S. Case No. 242 of 2024 dated 21.05.2024, instituted for the offence punishable under Sections 147, 149, 341, 323, 448, 324, 307, 354(B), 379 and 504 of the Indian Penal Code.

3. The prosecution case, in short, is that the petitioners alongwith other accused persons came at the door of

Patna High Court CR. MISC. No.65683 of 2024(2) dt.01-10-2024 2/3 the informant, armed variously and started abusing her and when she objected, the petitioner no. 1, Rahul Kumar gave iron rod blow due to which she sustained injury on her head. Allegation against the other accused persons is that they assaulted the informant and her family members. Accordingly, the F.I.R.

4. Learned Counsel for the petitioners submitted that the petitioners are innocent and falsely implicated in this case. It is submitted that there is allegation against the petitioner no.1, Rahul Kumar who assaulted with iron rod on the head of the informant and there is no allegation of assault against the other petitioners. Learned Counsel for the petitioners further submitted that injuries sustained by the informant caused by hard and blunt substance and nature of injury is simple.

5. Learned A.P.P. has opposed the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties as well as petitioners have no criminal antecedent, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Muffasil P.S. Case No. 242 of 2024, they shall be released on anticipatory bail upon furnishing

Patna High Court CR. MISC. No.65683 of 2024(2) dt.01-10-2024 3/3 bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari, Bihar, subject to condition as laid down under Section 438(2) of the Cr.P.C.. (Khatim Reza, J) Neha/- U T