Teras Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71940 of 2024 Arising Out of PS. Case No.-195 Year-2024 Thana- KHAIRA District- Saran ====================================================== 1.

Teras Ram Son of Late Ganesh Ram Resident of Village- Manpur, Ward No 11, P.S. -Khaira, Dist- Saran.

2.

Lagni Devi Wife of Teras Ram Resident of Village- Manpur, Ward No 11, P.S. -Khaira, Dist- Saran.

3.

Sanju Kumari Daughter of Teras Ram Resident of Village- Manpur, Ward No 11, P.S. -Khaira, Dist- Saran ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prashant Kumar, Advocate Ms. Kritika Upadhya, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Pd., A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-10-2024 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 Khaira Police Station Case No. 195 of 2024, offences under Sections 3(5), 109, 115, 118(1), 126(2), 303(2) and 352 of the Indian Penal Code.

3. The prosecution case, as per the First Informant Report is that, on 19.07.2024, in the morning when the informant was returning home from Chapra and reached at the canal, he was confronted by the petitioners and two other unknown persons due to previous dispute. The petitioner

Patna High Court CR. MISC. No.71940 of 2024(2) dt.28-10-2024 2/3 no.1 attacked the informant with knife due to which he sustained injury at the right side of the abdomen and petitioner nos. 2 and 3 assaulted him on the head by means of khanti.

4. Learned Counsel for the petitioners submits that on perusal of the FIR, it is evident that there was previous dispute between the parties. The petitioner no. 3 had lodged Khaira P.S. Case No. 725 of 2023, against the informant for the occurrence which has taken place on 15.09.2023, stating therein that when the petitioner no. 3 was going towards her college, she was forcibly lifted in a magic vehicle by the informant and others and was taken to the hospital, where she was assaulted. He referring to Annexure 3, which is injury report of the informant, submits that injury caused to the informant is simple in nature.

4. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that from the perusal of the F.I.R. it would be evident that there was previous dispute between the parties, there is case and counter case between the parties,and the injury caused to the victim is simple in nature, I am inclined to grant the

Patna High Court CR. MISC. No.71940 of 2024(2) dt.28-10-2024 3/3 petitioner privilege of anticipatory bail.

5. This application is, accordingly, allowed.

6. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Chapra, in connection with Khaira Police Station Case No. 195 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) Siwani/- U T