Allowed

Bobby Shankar @ Baby Shankar @ Khusboo Kumar v. the State of Bihar

Patna HC27 Feb 2020CR. MISC./2218/2020

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the petitioners apprehending arrest under IPC sections 341, 323, 307, 504 and 34. They must surrender within six weeks and furnish a bond with sureties under CrPC section 438(2).

What did the court decide?

Order to surrender within six weeks and be enlarged on bail by furnishing a bond of Rs.10,000/- each with two sureties of the like amount.

Bobby Shankar @ Baby Shankar @ Khusboo Kumar Vs the State of… — Anticipatory Bail | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2218 of 2020

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Arising Out of PS. Case No.-10 Year-2019 Thana- DIDARGANJ District- Patna

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======================================================

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1. BOBBY SHANKAR @ BABY SHANKAR @ KHUSBOO KUMAR Son of Late Ram Dayal Singh Resident of Village - Natha Chak, P.S. - Didarganj, District - Patna.

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Mukul Kumar Son of Late Ram Dayal Singh Resident of Village - Natha Chak, P.S. - Didarganj, District - Patna.

... ... Petitioners

Versus

THE STATE OF BIHAR

... ... Opposite Party

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====================================================== Appearance : For the Petitioner/s : Mr. Arvind Kumar Pradhan For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta ======================================================

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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2 27-02-2020 Heard learned counsel for the petitioners and learned

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APP for the State.

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The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Didarganj P.S. Case No.10 of 2019 registered for the offence punishable under sections 341, 323, 307, 504 and 34 of the Indian Penal Code.

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As per allegation in the F.I.R., it is stated by the informant that on her asking her husband not to fight with the neighbours, he started to beat her up with ‘Belcha’. As a result of the same, she sustained injuries on her nose and started to bleed. She states that she fell down unconscious. On regaining

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Patna High Court CR. MISC. No.2218 of 2020(2) dt.27-02-2020 2/3

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consciousness, she was forced to go to her parents’ place. It is further stated that on returning, her mother tried to talk with her husband. Thereafter, on her brother coming to her place and saying that she had not been treated for the injury sustained, he started to take her to the hospital on which it is alleged that her husband along with these petitioners beat him up and further on her intervention, they also beat up the informant.

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It is submitted by learned counsel for the petitioners that the main allegation is against the husband of the informant and not these petitioners, who have been roped in because of their relationship of being Devar of the informant and not intervening in the fight when the husband of the informant was beating her up. It is further submitted that the allegations are general and omnibus in nature and that no injury worth mentioning has been sustained by the brother of the informant. It is finally submitted that the petitioners have no criminal antecedent.

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The application for bail has been opposed by learned APP for the State.

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Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The

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Patna High Court CR. MISC. No.2218 of 2020(2) dt.27-02-2020 3/3

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petitioners are directed to surrender in the Court below within a period of six weeks from today and in the event of their arrest or surrender in connection with Didarganj P.S. Case No.10 of 2019, they will be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Patna City, subject to the condition as laid down under section 438(2) of the Criminal Procedure Code.

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(Partha Sarthy, J.)

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amit/-

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U T

Bobby Shankar @ Baby Shankar @ Khusboo Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Bobby Shankar @ Baby Shankar @ Khusboo Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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