Vikas Kumar Harijan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74295 of 2023 Arising Out of PS. Case No.-21 Year-2023 Thana- ANGARH District- Purnia ====================================================== 1.
VIKAS KUMAR HARIJAN SON OF LATE TINA HARIJAN RESIDENT OF VILLAGE - DALALPUR SIRO TOLA, P.S. - AMOUR, DISTRICT - PURNEA 2.
MUSBA HARIJAN @ VISHWA LAL HARIJAN SON OF LATE TINA HARIJAN RESIDENT OF VILLAGE - DALALPUR SIRO TOLA, P.S. - AMOUR, DISTRICT - PURNEA 3.
BAMBAM KUMAR HARIJAN @ BAMBAM HARIJAN SON OF SUP LAL HARIJAN RESIDENT OF VILLAGE - DALALPUR SIRO TOLA, P.S. - AMOUR, DISTRICT - PURNEA 4.
UMESH KUMAR HARIJAN @ UMESH HARIJAN SON OF LATE TINA HARIJAN RESIDENT OF VILLAGE - DALALPUR SIRO TOLA, P.S. - AMOUR, DISTRICT - PURNEA 5.
RENU DEVI WIFE OF SUP LAL HARIJAN @ SUPLAL RESIDENT OF VILLAGE - DALALPUR SIRO TOLA, P.S. - AMOUR, DISTRICT - PURNEA 6.
PRAMILA KUMARI @ PRAMILA DEVI WIFE OF TINKU HARIJAN RESIDENT OF VILLAGE - DALALPUR SIRO TOLA, P.S. - AMOUR, DISTRICT - PURNEA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh Kumar For the Opposite Party/s :
Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-03-2024
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Angarh Police Station Case No. 21 of 2023, dated 27.05.2023, disclosing offences under Sections 147/323/354/504/380 of the Indian Penal Code.
Patna High Court CR. MISC. No.74295 of 2023(3) dt.21-03-2024 2/3
3. The prosecution case, as per the First Information Reportcum-complaint, is that the petitioner no. 6, namely, Pramila Devi, kept paddy in the court-yard in order to dry it. Upon objection by the informant-complainant, the petitioner no. 6 abused the complainant, called her parents, who arrived on three motorcycles, assaulted complainant, tore her cloths and outraged her modesty.
4. Learned Counsel for the petitioners submits that the petitioner no. 6 is daughter-in-law of the complainant. The petitioners have not committed any offence in the manner alleged. He next submits that there is delay in lodging the complaint-FIR inasmuch as the occurrence has allegedly taken place on 01.02.2023, but the complain, for the first time, has been lodged after a delay of one and a half months on 15.03.2023. He further submits that no injury has been caused to the complainant, which can endanger her life and other accused persons-petitioners are family members of the petitioner no. 6.
5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner no. 6 is the daughter-in-law of the complainant,
Patna High Court CR. MISC. No.74295 of 2023(3) dt.21-03-2024 3/3 there is delay in lodging the First Information Report and other accused persons are family members of petitioner no. 6, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with Angarh Police Station Case No. 21 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T