Rakesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83611 of 2024 Arising Out of PS. Case No.-72 Year-2024 Thana- SIKTA District- West Champaran ====================================================== Rakesh Ram Son of Late Biga Ram Resident of Village - Lal Parsa, Police Station - Sikta, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr.Bhagya Narayan Jha, Advocate :

Ms.Soni Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-03-2025 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Sikta PS case no. 72 of 2024 dated 06.06.2024, disclosing offences punishable under Sections 341, 323, 324, 307, 354(B), 307, 379, 504/34 of the Indian Penal Code. 3.

The prosecution story, as per the First Information Report, is that on 30.05.2024 at about 10 O'clock in the morning, there was a quarrel between son of the informant with the children of her neighbour and due to the same, in the evening, the neighbour of the informant namely Rakesh Ram started abusing her and when objected, the petitioner along with other accused persons started assaulting the informant. It is

Patna High Court CR. MISC. No.83611 of 2024(3) dt.06-03-2025 2/3 alleged that petitioner assaulted the informant with farsa on her head, due to which, she sustained head injury. Petitioner also torn the cloth of the informant in order to outrage her modesty. 4.

Learned Counsel for the petitioner submits that both parties are close door neighbours and the incident took place on the trivial issue of fight between the children. A counter case has also been lodged by the side of the petitioner bearing Sikta PS Case No. 73 of 2024, inasmuch as the petitioner and his wife have also sustained injury. Learned counsel further submits that the injury caused to the informant is simple in nature, as would be evident from Annexure-P/2, injury report. 5.

On the other hand, learned counsel for the informant vehemently opposed the prayer for anticipatory bail and submits that the allegation against the petitioner is under Section 307 of the Indian Penal Code and there is direct allegation of assault on the vital part of the body of the informant.

6.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that both parties are close door neighbour, there is case and counter case, both sides have sustained injury and the injury sustained by the informant is simple in nature, I am inclined to grant the

Patna High Court CR. MISC. No.83611 of 2024(3) dt.06-03-2025 3/3 privilege of anticipatory bail to the petitioner. 7.

This application is, accordingly, allowed.

8.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six 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, Bettiah, West Champaran in connection with Sikta PS case no. 72 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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