Bikki Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65244 of 2023 Arising Out of PS. Case No.-563 Year-2023 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== 1.
BIKKI KUMAR, age about 30 years, Male 2.
RANJIT KUMAR, age about 28 years, Male Both are S/O MANOHAR RAM 3.
BASMATI DEVI, age about 50 years, W/O MANOHAR RAM 4.
TEJU RAM, age about 26 years, Male, S/O GANGA RAM 5.
RAJU RAM, age about 26 years, Male, Both S/O GANGA RAM 6.
MANOHAR RAM, age about 55 years, S/O RAMADHAR RAM, all are R/O VILLAGE- PALKA, P.S- BHABUA, DISTT.- KAIMUR AT BHABUA.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tribhuwan Narayan, Advocae For the Opposite Party/s :
Mr.Parmanand Kumar, App ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-10-2023 Heard Mr. Tribhuwan Narayan, learned counsel appearing on behalf of the petitioners and Mr. Parmanand Kumar, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Bhabua P.S. Case No. 563 of 2023 dated 22.06.2023 registered for the offence(s) punishable under Sections 341, 342, 323, 324, 307 and 34 of the Indian Penal Code.
3. As per the allegation made in the FIR, petitioners have assaulted the daughter, who is wife of petitioner no.1, and
Patna High Court CR. MISC. No.65244 of 2023(2) dt.18-10-2023 2/3 entire family members of the informant.
4. Learned counsel appearing on behalf of the petitioners submitted that no such incident has taken place as alleged in the FIR, rather the in-laws of the petitioner no.1 has assaulted the petitioners' side. Learned counsel further submits that the petitioners in their self-defence might have caused some injury on the persons of the informant's side There is case and counter case between the parties. Petitioner no.1 and his wife are living happily and statement to that effect has been made and the parties have also entered into an agreement.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation as well as the facts that both the parties are closely related and they have compromised the matter and also the fact that petitioners have clean antecedent, I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.65244 of 2023(2) dt.18-10-2023 3/3 satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhabua P.S. Case No. 563 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
8. The court below is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) Sanjay/- U T