Rinku Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77735 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- Singhaul District- Begusarai ====================================================== 1.
Rinku Kumar Resident of village- Rajapur, Ward No 08, PS- Singhaul, District- Begusarai 2.
Gopal Kumar @ Chhotu Resident of village- Rajapur, Ward No 08, PSSinghaul, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandan Kumar Kashyap For the Opposite Party/s :
Mr. Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-11-2024
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 Singhaul Police Station Case No. 97 of 2024, disclosing offences under Sections 126(2), 115, 118(1), 117, 109, 303(2), 352, 351(3), 3 and 5 of the BNS.
3. As per the prosecution case, on 16.07.2022, while taking out the motorcycle, the informant's nephew touched the cycle of the petitioner no. 2 due to which petitioner no. 2 abused the informant's nephew and petitioner no. 1 assaulted mother of the informant by means of iron rod on the left shoulder. Petitioner no. 2 assaulted the wife of the informant by legs, rod near the stomach.
4. Learned Counsel for the petitioners submits that both the parties are co-sharers and there is land dispute between them. A compromise was also held between them in the
Patna High Court CR. MISC. No.77735 of 2024(2) dt.25-11-2024 2/2 Panchayat but the side of the informant did not agree for that. The proceeding of the Panchayat is at Annexure 2. The injuries caused to the informant's mother and wife are simple in nature as would be evident from Annexure 3 Series.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that the injuries caused to the victims 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 Judicial Magistrate-1st Class, Begusarai, in connection with Singhaul Police Station Case No. 97 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