Rinku Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85455 of 2023 Arising Out of PS. Case No.-485 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== 1.
RINKU DEVI W/O SUDHIR SAH R/O VILLAGE- HARPUR BHINDI, P.S- TAJPUR, DISTT.- SAMASTIPUR.
2.
SUDHIR SAH S/O LATE KANTI SAH R/O VILLAGE- HARPUR BHINDI, P.S- TAJPUR, DISTT.- SAMASTIPUR.
3.
ROHIT KUMAR @ ROHIT KUMAR GUPTA S/O SUDHIR SAH R/O VILLAGE- HARPUR BHINDI, P.S- TAJPUR, DISTT.- SAMASTIPUR. 4.
RAUSHAN KUMAR @ RAUSHAN KUMAR GUPTA S/O SUDHIR SAH R/O VILLAGE- HARPUR BHINDI, P.S- TAJPUR, DISTT.- SAMASTIPUR.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Singh, Adv.
For the Opposite Party/s :
Mrs.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2.
The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 324, 307, 325, 379, 447, 504, 506/34 of the IPC.
3.
As per the prosecution case, the petitioner nos.2 and 3 came at the door of the informant and with an intention to kill, put rope around the neck of the informant and thereafter, assaulted him with iron rod. Petitioner no.1 and her associates took Rs.48,000/- from the shop of the informant and took
Patna High Court CR. MISC. No.85455 of 2023(3) dt.27-02-2024 2/3 articles worth Rs.20,000/- and petitioner no.4 gave threatening to the informant.
4.
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is a prior land dispute between the parties. Petitioners have no criminal antecedent.
5.
Learned APP for the State opposed the prayer for bail by submitting that there is specific allegation against the petitioner nos.2 and 3 to assault the informant and his injury was opined to be of grievous in nature.
6.
Having regard to the facts and circumstances of the case, since there is general and omnibus allegation against the petitioner nos.1 and 4, let the above named petitioner nos.1 and 4, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where
Patna High Court CR. MISC. No.85455 of 2023(3) dt.27-02-2024 3/3 the case is pending/Successor Court in connection with Tajpur P.S. Case No.485 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7.
However, considering the nature of allegation and the nature of injury of the informant, inflicted by the petitioner nos.2 and 3, I am not inclined to enlarge the petitioner nos.2 and 3 on anticipatory bail. The prayer for grant of bail on their behalf is hereby rejected.
8.
This application is accordingly partly allowed. (Anjani Kumar Sharan, J) pallavi/- U T