Allowed

Vipin Kumar @ Vipin Sharma v. The State of Bihar

Patna HC21 Aug 2024CR. MISC./39463/2024

Case brief

AI extract

What is this about?

Petitioners sought anticipatory bail in an FIR alleging assault with an iron rod causing grievous injury, eve-teasing and snatching during a Shradh ceremony. They claimed false implication as counter-blast to their own earlier FIR. The court granted anticipatory bail subject to Section 438(2) Cr.P.C. conditions.

What did the court decide?

Anticipatory bail: release on furnishing bail-bonds of Rs.10,000 each with two like sureties before C.J.M., Jehanabad, within six weeks, subject to Section 438(2) Cr.P.C. conditions.

Vipin Kumar @ Vipin Sharma Vs The State of Bihar — Quashing and FIR | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39463 of 2024

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Arising Out of PS. Case No.-23 Year-2024 Thana- HULASGANJ District- Jehanabad

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

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Vipin Kumar @ Vipin Sharma, S/o- Viraj Sharma Village- Bihta Police Station- Hulasganj District-Jehanabad

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Raju Sharma @ Rajiv Ranjan Sharma, son of Viraj Sharma Village- Bihta Police Station- Hulasganj District-Jehanabad

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Anurag Kumar, son of Ramkishor Sharma Village- Bihta Police StationHulasganj District-Jehanabad

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar For the Opposite Party/s : Mr.Sangeeta Sharma ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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3 21-08-2024

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Heard learned counsel for the petitioners and learned APP for the State.

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The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 325, 354, 379, 504, 506 of the Indian Penal Code.

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The learned counsel for the petitioners submits that the petitioners are person with clean antecedent and the informant alleges that while she was coming back from a Shradh ceremony along with her daughter and when she reached near her home, the accused persons including the

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Patna High Court CR. MISC. No.39463 of 2024(3) dt.21-08-2024 2/3

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petitioners started abusing and pulled scarf of her daughter and started eve teasing. On protest, Vipin Kumar assaulted her by an iron rod causing injury on head and got fractured. Threafter, Raju Sharma (petitioner no.3) assaulted Vishal causing fracture of his left hand and Anurag assaulted her son Abhishek on waist, who came to save her, causing backache and Mantu snatched the ear-ring and gold chain.

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The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that the present F.I.R. is a counter-blast of Hulasganj P. S. Case No.19 of 2024 instituted from the side of the petitioners against husband of the informant and eight others. It is also submitted that in Hulasganj P. S. Case No. 19 of 2024, Priya Ranjan Sharma, Rajiv Ranjan Sharma (petitioner no.2 herein), Vipin Kumar and Sunny Kumar also received injuries. It is next submitted that injury caused to the informant and other injured are simple in nature except that of Vishal, who is alleged to have been assaulted by the petitioner no.2 herein. It is next submitted that though injury is grievous, but the same is on non-vital part of the body. It is also submitted that an altercation had taken place in between the side of the petitioner and the husband of the informant in the Shradh

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Patna High Court CR. MISC. No.39463 of 2024(3) dt.21-08-2024 3/3

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ceremony on issue of government contract, when the alleged occurrence is said to have taken place, but then, in order to give seriousness to the case, it is alleged that accused persons misbehaved with the daughter of the informant. It is also submitted that petitioners will not abscond rather will cooperate in the investigation.

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Learned A.P.P. opposes the anticipatory bail application.

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Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Jehanabad in connection with Hulasganj P. S. Case No.23 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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The application stands allowed.

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(Satyavrat Verma, J)

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vikash/-

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U T

Vipin Kumar @ Vipin Sharma v. The State of Bihar

Case brief

What is this about?

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Vipin Kumar @ Vipin Sharma v. The State of Bihar

Case brief

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