Anticipatory bail application by four family members fearing arrest in an assault case involving allegations of teasing, injury and snatching of a gold chain. Petitioner No. 2's grievous-injury prayer rejected; petitioners Nos. 1, 3 and 4 granted conditional anticipatory bail with standard CrPC conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43597 of 2024
Arising Out of PS. Case No.-5 Year-2024 Thana- HASPURA District- Aurangabad
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... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar , Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
State .
3 . As per prosecution case , on 01.01.2024 at about
05:00 P .m. when the informant Jyoti Kumari had gone to attend the call of nature , in the meantime , petitioner No. 3 Chunmun Rajak started teasing her and due that informant started hulla , on hearing hulla, the mother Bhagwati Devi and brothers Ranjan
Patna High Court CR. MISC. No.43597 of 2024(3) dt.04-09-2024 2/3
Kumar and Amrendra Kumar of the informant came to rescue the informant. It is further alleged that petitioner No. 1 Baijnath Rajak instigated the other accused persons to kill the prosecution party; on this petitioner No. 2 Sachita Rajak assaulted on the head of Ranjan Kumar with khanti due to which he sustained injury . It is further alleged that all the accused persons assaulted the prosecution party due to which informant’s side sustained injuries. It is lastly alleged that petitioner No. 1 Baijnath Rajak snatched the gold chain from the mother of the informant.
5 . Learned counsel for the State opposed the bail petition and submitted that petitioners are named in the F.I.R with specific accusation that they assaulted informant and his family members. Injury caused by petitioner No. 2 is grievous in
Patna High Court CR. MISC. No.43597 of 2024(3) dt.04-09-2024 3/3
nature .
6 Considering the fact that injury caused by petitioner No. 2 is grievous in nature , his prayer for pre – arrest bail is rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U T
2 issues framed by the court
Whether petitioners apprehending arrest for assault and snatching offences should be granted pre-arrest bail.
Whether grievous versus simple nature of injuries caused by specific petitioners affects granting of anticipatory bail.
2 provisions across 2 enactments
Baijnath Rajak
Sachita Rajak @ Sachitanand
Chunmun Rajak @ Chunmun Kumar
Kunti Devi
The State Of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
