Ramesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75170 of 2024 Arising Out of PS. Case No.-125 Year-2024 Thana- SAKURABAD District- Jehanabad ====================================================== 1.
Ramesh Kumar S/o Surendra Prasad Resident of Village- Ibrahimpur, PSShakurabad, District- Jehanabad 2.
Surendra Prasad S/o Late Mathura Singh Resident of Village- Ibrahimpur, PS- Shakurabad, District- Jehanabad 3.
Bibhonath Kumar S/o Surendra Prasad Resident of Village- Ibrahimpur, PSShakurabad, District- Jehanabad ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Inddu Devi W/o Mahendra Singh R/o vill - Ibrahimpur, P.S. - Shakurabad, Distt - Jehanabad ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amrendra Kumar Singh, Advocate For the Opposite Party/s :
Mr.Arvind Kumar Pandey(APP) For the Informant :
Mr. Chhotelal Mishra, Adovcate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 11-04-2025
1. Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant.
2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Shakurabad P.S. Case no.125 of 2024 registered under sections 341, 323, 324, 448, 380, 354 and 427 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, the informant states that the petitioners went to the house of the informant and started abusing her and on objection raised by her, they
Patna High Court CR. MISC. No.75170 of 2024(4) dt.11-04-2025 2/3 assaulted her and looted Rs. 20,000/ and some ornaments.
4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. There is general and omnibus allegation levelled against them. The petitioners and the informant are the members of the same family, inasmuch as the petitioner no. 2 is the dewar and petitioner nos. 1 and 3 are the cousins of the informant. It has further been submitted that there was a dispute in the family with regard to partition. Learned counsel for the petitioners also invites the attention to the case filed by the petitioner no. 2 Surendra Prasad against the informant on 06.08.2024 being Sakurabad P.S. Case no. 190 of 2024 which is annexed to this application as Annexure-2. The petitioners undertake to cooperate in the case/trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State and learned counsel for the informant who submit that the petitioners have one criminal antecedent. In response, learned counsel for the petitioners submits that they are on bail in the said case. 6.Considering the fact that there is case and counter case, both the parties are the agnates and the dispute is primarily civil in nature and there is general and omnibus allegation
Patna High Court CR. MISC. No.75170 of 2024(4) dt.11-04-2025 3/3 levelled against them, it is directed that the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Shakurabad P.S. Case no.125 of 2024 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Jehanabad, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. (Soni Shrivastava, J) Harsh/- U T