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2025 DAILYLAW 41736 (PAT)

Raushan Kumar v. The State of Bihar

CR. MISC./30968/2025 · 2025-08-14

Harish Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30968 of 2025 Arising Out of PS. Case No.-401 Year-2024 Thana- ALAMNAGAR District- Madhepura ====================================================== 1. Raushan Kumar Son of Prakash Sah Resident of Alam Nagar Kachhari, Tola, Ward No. 4, P.S.-Alamnagar Town, District- Madheprua 2. Bikash Kumar @ Vikash Kumar Son of Prakash Sah Resident of Alam Nagar Kachhari, Tola, Ward No. 4, P.S.-Alamnagar Town, District- Madheprua ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Patla Kumari, Adv. For the Opposite Party/s : Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 3 14-08-2025 Heard the learned Advocate for the petitioners and the learned APP for the State. 2. The petitioners apprehend their arrest in connection with Alamnagar P.S. Case No. 401 of 2024, registered for the offences punishable under Sections 191(2), 329(4), 126(2), 115(2), 118(1), 109(1), 75/303(2), 352 and 351(2) of the BNS, 2023. 3. Allegedly, on 13.10.2024 while the informant was sitting in her house, in the meanwhile, petitioner no. 1, Raushan Kumar, came there and threatened the informant not to solemnize the marriage of her daughter in any other place, as it was claimed by him that he will marry with the daughter of the Patna High Court CR. MISC. No.30968 of 2025(3) dt.14-08-2025 2/4 informant. This incidence led to protest by the informant and other family members, where all the accused persons armed with iron rod, danda and rifle came there and started abusing and assaulting. When the husband of the informant came to her rescue, all of them brutally assaulted him with dabia due to which he sustained serious injuries. The accused persons also ransacked the house and snatched the valuables and threatened with dire consequences. 4. Learned Advocate for the petitioners contended that in fact there was a love affair between the petitioner no. 1 and the daughter of the informant, which was protested by the informant and her family members, leading to altercation and scuffle, resulting into some unfortunate injuries. There is omnibus nature of allegation against the petitioners and their family members. It has not been specifically alleged that who has caused injury to whom. It is also submitted that the mother of the petitioner no. 1 had also lodged FIR bearing Alamnagar P.S. Case No. 404 of 2024 against the informant and others, who were demanding ransom. It is further contended that the injured persons have sustained simple injuries and the petitioners bear fair antecedent. 5. The prayer of the petitioners has vehemently Patna High Court CR. MISC. No.30968 of 2025(3) dt.14-08-2025 3/4 opposed by the learned counsel for the State and taking this Court through the injury report has submitted that the husband of the informant has sustained one incise injury over his forehead, which has been found to be grievous in nature. The informant has also sustained injuries and thus, the allegation of assault stands corroborated. 6. Having considered the submissions set-forth by learned Advocate for the respective parties and taking note of the omnibus nature of allegation and the fair antecedent of the petitioners, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of the learned J.M- 1st Class, Udakishunganj in connection with Alamnagar P.S. Case No. 401 of 2024, subject to the conditions laid down in Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 with following conditions:- (i) one of the bailors shall be the own/close family members of the petitioners; (ii) in case any of the petitioners shall found indulge in intimidating the informant and his daughter, both of them shall be at liberty to file application for Patna High Court CR. MISC. No.30968 of 2025(3) dt.14-08-2025 4/4 cancellation of their bail bonds. In case, such an application is filed, the learned Court below shall consider it without any delay. shivank/- (Harish Kumar, J) U T