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Patna High CourtCR. MISC./3394/2025allowed

Rajeev Ranjan v. The State Of Bihar

2025-05-22Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3394 of 2025 Arising Out of PS. Case No.-102 Year-2024 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== Rajeev Ranjan S/O Satya Narayan Singh, R/O Village - Sadipur, P.S- N.H. Bangra, Distt- Samastipur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhav Kumar, Adv.

For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 22-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with N.H. Bangra P.S. Case No.102 of 2024 registered for the offences punishable under Sections 126(2), 115(2), 352, 351(2), 109 and 3(5) of the BNS.

3. Allegedly, while the informant was in her courtyard, in the meanwhile, the petitioner, who happens to be son of the informant, along with his wife came there and started assaulting her. It is specifically alleged that the wife of the petitioner caught hold the hair of the informant and pulled her down and further assaulted over her neck by means of paghariya; however, in course of preventing assault, the informant sustained

Patna High Court CR. MISC. No.3394 of 2025(4) dt.22-05-2025 2/3 severe injury in her hand. There is further allegation that the petitioner also assaulted his younger brother by means of paghariya due to which he also sustained injury.

4. Learned counsel for the petitioner taking this Court through the FIR has contended that the allegation of causing assault over the hand of the informant is attributed to the petitioner's wife, namely, Rupam Kumari @ Roopam Kumari and so far the petitioner is concerned, he assaulted his younger brother; however, the injury is said to be simple in nature. A Bench of this Court taking note of the contradiction(s) in the injury report and the prosecution case, has allowed the privilege of anticipatory bail to co-accused Rupam Kumari @ Roopam Kumari in Cr. Misc. No.89726 of 2024 vide order dated 19.04.2025. The present FIR came to be lodged in the backdrop of partition dispute. Moreover, the petitioner undertakes that he will fully cooperate in the proceedings of the Court and would not indulge in intimidating the informant and witness.

5. On the other hand, learned counsel for the State opposed the bail application and submitted that there is serious allegation against the petitioner of causing assault to his mother and brother.

6. Regard being had to the submissions made on

Patna High Court CR. MISC. No.3394 of 2025(4) dt.22-05-2025 3/3 behalf of the parties and considering the nature of allegation and the fact that the petitioner is none else but the son of the informant and the genesis of the occurrence is a partition dispute as also the fact that younger brother who sustained injury at the hands of the petitioner is found to be simple in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Samastipur in connection with N.H. Bangra P.S. Case No.102 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS, with further conditions:

(i) One of the bailors shall be the own/close family members of the petitioner.

(ii) In case, the petitioner shall be found indulge in intimidating and threatening the informant, she shall be at liberty to file application for cancellation of his bail bond(s). (Harish Kumar, J) rohit/- U T