Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69831 of 2019 Arising Out of PS. Case No.-81 Year-2019 Thana- TETERHAT District- Lakhisarai ====================================================== 1.

Abhishek Kumar, S/O- Ajay Pandit Resident of Khairi, P.S.- Tetarhat, Dist.- Lakhisarai.

2.

Babita Devi W/O- Ajay Pandit Resident of Khairi, P.S.- Tetarhat, Dist.- Lakhisarai.

3.

Ranjeet Kumar S/O- Arjun Pandit Resident of Khairi, P.S.- Tetarhat, Dist.- Lakhisarai.

4.

Ranjana Devi W/O- Munna Kr. Resident of Khairi, P.S.- Tetarhat, Dist.- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha For the Opposite Party/s :

Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-11-2019 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 149, 448, 341, 323, 354A, 379, 308 and 504 of the IPC.

The prosecution case is that all the FIR named accused persons including the petitioners entered into the house of the informant when it is specifically alleged that petitioner no.3, Ranjeet Kumar assaulted the daughter of the informant with lathi causing injury on her head and when she became

Patna High Court CR. MISC. No.69831 of 2019(2) dt.27-11-2019 2/3 unconscious, all the accused persons including the petitioners tried to outrage her modesty.

It is submitted by learned counsel for the petitioners that for the alleged occurrence of 21.06.2019 at 7.00 P.M., the FIR has been lodged on 22.06.2019 at 2.15 P.M. It is further submitted that though the daughter of the informant has received three injuries, but all the injuries have been found superficial simple in nature. Moreover, accusation against petitioner nos. 1, 2 and 4 is omnibus and general. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent. Learned APP submits that the petitioners are named in the FIR with specific accusation.

Considering the fact that accusation against petitioner nos. 1, 2 and 4 is omnibus and general, accusation levelled against petitioner no.3 is not being corroborated by any medical opinion, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand)

Patna High Court CR. MISC. No.69831 of 2019(2) dt.27-11-2019 3/3 each with two sureties of like amount each to the satisfaction of learned CJM, Lakhisarai in connection with Tetarhat P.S. Case No. 81 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T