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2025 DAILYLAW 7753 (PAT)

Hari Ram v. The State of Bihar

CR. MISC./503/2025 · 2025-02-10

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.503 of 2025 Arising Out of PS. Case No.-809 Year-2024 Thana- MADHEPURA District- Madhepura ====================================================== 1. Hari Ram Son of Late Budhu Ram village- Sahugarh, Tola diwano, Ward no. 15, Ps and Dist- Madhepura 2. Ravindra Kumar Son of kari Sharma village- Sahugarh, Tola diwano, Ward no. 15, Ps and Dist- Madhepura ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Uday Chand Prasad For the Opposite Party/s : Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 10-02-2025 1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Madhepura Police Station Case No. 809 of 2024, 17.07.2024, disclosing offences punishable under Sections 127(1)/115(2)/109/76/3(5) of the Bhartiya Nyaya Sanhita, 2023. 3. The prosecution case, as per the First Information Report, is that on 17.07.2024. while the informant was alone at her home and all her family members had gone to see the Moharram procession, the petitioners, along with other co-accused persons, armed with lathi, danda, pistol, etc. Patna High Court CR. MISC. No.503 of 2025(2) dt.10-02-2025 2/3 came at the home of the informant and finding her alone, tried to outrage her modesty on the point of gun. On protest, they abused and assaulted her. Anyhow, the informant saved herself and ran towards the procession. Co-accused Kundan Kumar resorted to firing in order to create havoc. The accused persons, took away Rs. 25,000/- cash, gold chain, payal etc. When the villagers and informant’s husband tried to stop them, they also fired upon the husband of the informant, but he saved himself and the accused persons also threatened the informant and her family members of dire consequences and when the police tried to nab them, they fled away after leaving the motorcycle. 4. Learned Counsel for the petitioners submits that the petitioners have falsely been implicated in this case due to village rivalry. The allegation against the petitioners is general and omnibus in nature and the allegation of firing is upon co-accused Kundan Kumar. No used cartridge or any fire arm has been recovered from the place of occurrence. The informant and the petitioners are co- villagers and with the intervention of well wishers, they have entered into compromise and a joint compromise Patna High Court CR. MISC. No.503 of 2025(2) dt.10-02-2025 3/3 petition has been filed before the learned District Court. 5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the general and omnibus nature of allegation against the petitioners and the fact that both the parties are co-villagers, I am inclined to grant the petitioners privilege of anticipatory bail. 6. This application is, accordingly, allowed. 7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura, in connection with Madhepura Police Station Case No. 809 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. Prabhakar Anand/- (Anil Kumar Sinha, J.) U √ T √