Anuj Kumar Singh @ Anoj Kumar Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Anuj Kumar Singh @ Anoj Kumar Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioners to be released on bail in the event of arrest or surrender before the learned Court below within six weeks, on bail bond of Rs. 25,000/- each with two sureties of the like amount each, to the satisfaction of the court below where the case is pending/Successor Court, subject to conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioners, who apprehend arrest in Rupaspur P.S. Case No. 932 of 2023 for offences punishable under Sections 306, 120B and 34 IPC, are entitled to anticipatory bail.

Court's answer

Given the general and omnibus allegation against the petitioners, they are to be released on bail in the event of arrest or surrender before the learned Court below within six weeks, on furnishing bail bond of Rs. 25,000/- each with two sureties of the like amount each, to the satisfaction of the court below where the case is pending/Successor Court, in connection with Rupaspur P.S. Case No. 932 of 2023, subject to the conditions under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory bail allowed (Patna High Court, Criminal Miscellaneous No. 28960 of 2024, decided 03-07-2024, Anjani Kumar Sharan, J.). Petitioners Anuj Kumar Singh @ Anoj Kumar Singh and Rekha Devi, parents of co-accused Rani Kumari, apprehended arrest in Rupaspur P.S. Case No. 932 of 2023 (District Patna) for offences under Sections 306, 120B and 34 IPC, on the allegation that they along with the co-accused mentally tortured the informant's grandson, driving him to suicide. Finding the allegation against the petitioners general and omnibus, the Court directed their release on bail in the event of arrest or surrender before the court below within six weeks, on a bail bond of Rs. 25,000/- each with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C. Counsel had submitted that the similarly situated co-accused had already been granted bail by a coordinate Bench on 01.05.2024 in Cr. Misc. No. 26475 of 2024, and that the petitioners had no criminal antecedent.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28960 of 2024

Arising Out of PS. Case No.-932 Year-2023 Thana- RUPASPUR District- Patna

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

Anuj Kumar Singh @ Anoj Kumar Singh son of Late Jangbahadur Singh Resident of Village -Shambhupati, P.S. -Karpuri Gram, District- Samastipur

REKHA DEVI WIFE OF ANUJ KUMAR SINGH Resident of Village -Shambhupati, P.S. -Karpuri Gram, District- Samastipur

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rana Vikram Singh For the Opposite Party/s : Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

2 03-07-2024 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered

for the offence punishable under Sections 306, 120B and 34 of the Indian Penal Code.

As per the allegation, co-accused Rani Kumari and the petitioners mentally tortured the grand son of the informant due to which he committed suicide.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners have no concern with the

Patna High Court CR. MISC. No.28960 of 2024(2) dt.03-07-2024 2/2

deceased, they have been made accused only because they are the parents of co-accused Rani Kumari. He further submits that similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 01.05.2024 passed in Cr. Misc. No.26475 of 2024. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case as there is general and omnibus allegation against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Rupaspur P.S. Case No.932 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J)

shikha/-

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