Subodh Kumar @ Subodh Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73427 of 2024 Arising Out of PS. Case No.-56 Year-2024 Thana- KARPURIGRAM District- Samastipur ====================================================== 1.

Subodh Kumar @ Subodh Kumar Sah S/O Late Rajendra Sah R/O VillageKarpurigram, P.S- Karpurigram, Distt.- Samastipur. 2.

Amit Kumar @ Amit Poddar S/O Kamal Kishore Poddar R/O VillageKarpurigram, P.S- Karpurigram, Distt.- Samastipur. 3.

Ranjeeta Kumari W/O Sri Diwakar Poddar R/O Village- Karpurigram, P.SKarpurigram, Distt.- Samastipur. 4.

Raju Poddar S/O Late Kuldeep Poddar R/O Village- Karpurigram, P.SKarpurigram, Distt.- Samastipur. ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Niraj Lochan Jha, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. Learned counsel for the petitioners seeks permission to withdraw this application in respect of petitioner nos.2 and 3, submitting that during pendency of this application petitioner nos.2 and 3 have already been apprehended by the police.

3. Permission is granted.

4. Accordingly, this application is dismissed as withdrawn in respect of petitioner nos. 2 and 3 only.

5. Now, this application survives for petitioner nos.1 and 4.

Patna High Court CR. MISC. No.73427 of 2024(2) dt.26-10-2024 2/3

6. Petitioner nos.1 and 4 apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 326 and 307/34 of the Indian Penal Code.

7. On receiving a call from his wife, when the informant went to his in-laws' house. Upon his arrival, his wife, Ranjita Kumari, opened the door then the petitioners, Raju Poddar and Amit Poddar are said to have thrown kerosene oil on the informant at the instigation of his wife. The petitioners, Raju Poddar, Amit Poddar and Subodh Kumar Sah then threw matchsticks upon the informant due to which he sustained severe burn injury.

8. It is submitted by learned counsel for the petitioner nos.1 and 4 that no such occurrence as alleged ever took place. Petitioner nos.1 and 4 have been falsely implicated in this case due to family dispute of accused wife and informant husband. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further stated that presently the husband and wife are living together as a compromise has been entered into between them. Petitioner nos. 1 and 4 have no criminal antecedent as mentioned in para-3 of this application.

9. Having regard to the facts and circumstances of the

Patna High Court CR. MISC. No.73427 of 2024(2) dt.26-10-2024 3/3 case, let the above named petitioner no.4, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Karpurigram P.S. Case No. 56 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

10. Considering the facts and circumstances of case as well as the fact that there is specific allegation against petitioner no.1, I am not inclined to enlarge petitioner no.1 on anticipatory bail. The prayer for anticipatory bail of the petitioner no.1 is hereby rejected.

11. However, petitioner no.1 is directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) Trivedi/- U T