Parladh Kumar @ Prahalad Kumar @ Praladh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75964 of 2024 Arising Out of PS. Case No.-96 Year-2015 Thana- ATRI District- Gaya ====================================================== 1.

Parladh Kumar @ Prahalad Kumar @ Praladh Kumar son of Umesh Ram Resident of Village- Jethian P.S.- Atri District- Gaya 2.

Santosh Ram Son of Birich Ram @ Briksh Ram Resident of Village- Jethian P.S.- Atri District- Gaya 3.

Guddi Ram @ Mukesh Ram son of Birich Ram @ Briksh Ram Resident of Village- Jethian P.S.- Atri District- Gaya 4.

Umesh Ram Son of Late Sarup Ram @ Late Swaroop Ram Resident of Village- Jethian P.S.- Atri District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr.Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-12-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Atri P.S. Case no. 96 of 2015 instituted for the offence under Sections 341, 323, 324, 354(A) and 34 of the Indian Penal Code.

3. The case of the prosecution is that one Prahalad Kumar dropped a love-letter in the name of his daughter at his door. When the informant inquired about this from his daughter

Patna High Court CR. MISC. No.75964 of 2024(2) dt.05-12-2024 2/3 about the letter, his daughter told that Prahalad Kumar wanted to make love with her against her will. Subsequently, the informant and his son went to the house Prahald Kumar to make complain to his parents. On this, petitioners along with others assaulted the informant and his son by means of 'lathi'. It is further alleged that when the daughter of the informant came to rescue, she was also being assaulted by the petitioners herein.

4. Learned counsel for the petitioners has submitted that petitioners are innocent and have falsely been implicated in connection with the present case. From perusal of the FIR, it appears that the nature of allegation is general and omnibus as also from perusal of the injury report, it is clear that all the victims of the case has received simple injury. Further submission is that the petitioners are having no criminal antecedent.

5. Learned APP appearing for the State opposed the prayer of bail of the petitioner stating that it is the case of the year, 2015 and once the prayer for anticipatory bail of the petitioners was dismissed because of non-prosecution.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The

Patna High Court CR. MISC. No.75964 of 2024(2) dt.05-12-2024 3/3 petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Atri P.S. Case no. 96 of 2015, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gaya, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Jagdish/- U T