Krishna Sah @ Krishna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7208 of 2024 Arising Out of PS. Case No.-101 Year-2018 Thana- BALTHAR District- West Champaran ====================================================== 1.
Krishna Sah @ Krishna Kumar s/o Jagarnath Sah R/o vill-Bhanwari PSBalthar Dist-West Champaran 2.
Rakeshi Sah @ Raksesh Sah @ Rakesh Prasad @ Rakesh Sah son of Late Devnath Sah R/o vill-Bhanwari PS-Balthar Dist-West Champaran 3.
Jagarnath Sah @ Jagannath Sah s/o Late Devnath Sah R/o vill-Bhanwari PSBalthar Dist-West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey For the Opposite Party/s :
Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-02-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Balthar Police Station Case No. 101 of 2018, disclosing offences under Sections 341, 323, 504, 354, 34 of the Indian Penal Code.
3. As per the First Information Report, on 20.09.2018, the petitioner No. 1 caught hold the hand of the informant and pulled her towards haystack with bad intention and when the informant protested, she was assaulted by petitioner No. 1 by fist and slap and when the husband of
Patna High Court CR. MISC. No.7208 of 2024(2) dt.22-02-2024 2/3 the informant intervened, he was assaulted by petitioner No. 2 and 3 by fist and slap.
4. Learned Counsel for the petitioners submits that the petitioners have falsely been implicated in the present case on the basis of concocted story. He further submits that both the parties are co-villagers and there was money dispute between the son of the informant and petitioner No. 1. He next submits that police, after investigation, has not submitted charge sheet under Sections 376, 511 and cognizance has been taken under Sections 354, 341, 323 and 504. He also submits that the allegation in the FIR is only that the petitioner No. 1 caught hold the hand of the informant.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that both the parties are covillagers, there is money dispute between them, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, Krishna Sah @ Krishna Kumar, Rakeshi Sah @ Raksesh Sah @ Rakesh Prasad @ Rakesh
Patna High Court CR. MISC. No.7208 of 2024(2) dt.22-02-2024 3/3 Sah, Jagarnath Sah @ Jagannath Sah , in the event of their arrest or surrender before the Court below within four 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 Additional Chief Judicial Magistrate- 4th, Bettiah, West Champaran, in connection with Balthar Police Station Case No. 101 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) HarshPandey/- U T