Arjun Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74667 of 2024 Arising Out of PS. Case No.-130 Year-2024 Thana- JANTA BAZAR District- Saran ====================================================== 1.

Arjun Prasad S/O Late Ramji Prasad Resident of village- Telchha, P.S- Janta Bazar, District- Saran.

2.

Suman Devi W/O Arjun Prasad Resident of village- Telchha, P.S- Janta Bazar, District- Saran.

3.

Sampati Devi W/O Late Ramji Prasad Resident of village- Telchha, P.SJanta Bazar, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Ranjan Kumar Pandey For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-11-2024

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 Janta Bazar Police Station Case No. 130 of 2024, disclosing offences under Sections 127(1), 115(2), 76, 303(2), 352, 3(5) of the BNS, 2023.

3. As per the First Information Report, on 08.07.2024, in the morning, while the informant was alone at her home, the petitioners along with other accused persons entered into the house of the informant and abused her and on protest, they assaulted the informant and disrobed her and snatched golden chain from her neck.

4. Learned Counsel for the petitioners submits that both the parties are co-sharers and are residing in the same house having the common courtyard. A counter case has also

Patna High Court CR. MISC. No.74667 of 2024(2) dt.13-11-2024 2/2 been lodged by the side of the petitioners bearing Janta Bazar P.S. Case No. 127 of 2024 which is prior in time to the present FIR. Referring to impugned order, learned counsel submits that the injuries caused to the informant are simple in nature.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are co-sharers, there is case and counter case and the injuries caused to the informant are simple in nature, 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, Saran, in connection with Janta Bazar Police Station Case No. 130 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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