Sonu Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Sonu Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner no.1 (Sonu Kumar) permitted to withdraw his application; the remaining petitioners to be released on anticipatory bail on arrest or surrender within six weeks, on bail bonds of Rs.10,000/- each with two sureties of the like amount each, subject to conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioners, who apprehend arrest in Jandaha P.S. Case No.282/2023 (offences under Sections 341, 323, 324, 307 and 34 IPC), are entitled to anticipatory bail.

Court's answer

Permission is accorded to the learned counsel for the petitioners to withdraw the anticipatory bail application with respect to petitioner no.1, Sonu Kumar.

Ratio / Principle

The petitioners are to be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate 1st Class, Vaishali at Hajipur, subject to the conditions laid down under Section 438(2) Cr.P.C.; the grant rests on the unrebutted submissions that the petitioners are women of clean antecedents, are agnates of the informant, the dispute related to cutting of bamboo, and there is no specific allegation of assault against them.

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Crl. Misc. No.4769 of 2024, decided 20-02-2024, Satyavrat Verma, J.). Petitioners apprehended arrest in Jandaha P.S. Case No.282/2023 (Vaishali) for offences under Sections 341, 323, 324, 307 and 34 IPC, arising, as submitted, out of a dispute relating to cutting of bamboo between persons related as agnates. Counsel for petitioner no.1 (Sonu Kumar) sought and obtained permission to withdraw his anticipatory bail application. As to the other petitioners, the State and O.P. No.2 opposed the prayer but did not rebut the submissions that the petitioners are women of clean antecedents, are related to the informant, and face no specific allegation of assault. Considering these submissions, the Court directed that the petitioners, on arrest or surrender before the Court below within six weeks, be released on anticipatory bail on bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate 1st Class, Vaishali at Hajipur, subject to the conditions under Section 438(2) Cr.P.C. No precedent was cited or considered.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4769 of 2024

Arising Out of PS. Case No.-282 Year-2023 Thana- JANDAHA District- Vaishali

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

1. Sonu Kumar Son of Ramesh Sah R/o vill - Silauthar Kala Pahar, P.S. - Jandaha, Distt. - Vaishali

Kajal Devi W/o Sonu Kumar R/o vill - Silauthar Kala Pahar, P.S. - Jandaha, Distt. - Vaishali

Reeta Devi W/o Ramesh Sah R/o vill - Silauthar Kala Pahar, P.S. - Jandaha, Distt. - Vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Shivjee Singh For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 20-02-2024

Heard the learned counsel for the petitioners and the learned APP for the State along with learned counsel for the O.P. No.2.

The learned counsel for the petitioners at the outset seeks permission to withdraw the anticipatory bail application with respect to petitioner no.1 namely Sonu Kumar.

Permission is accorded.

The petitioners apprehend their arrest in connection with Jandaha P.S. Case No.282/2023 registered for the offence punishable under Sections 341, 323, 324, 307 and 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.4769 of 2024(2) dt.20-02-2024 2/3

Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and are women and the petitioners and informant are agnates and on account of dispute relating to cutting of bamboo, the present occurrence is alleged to have taken place. It is next submitted that no doubt from the side of the informant injuries have been suffered by the injured but then the allegation of assault is not specific against the petitioners, who are women.

Learned A.P.P. for the State along with learned counsel for the O.P. No.2 opposes the prayer for anticipatory bail of the petitioners but does not rebut the submissions of the learned counsel for the petitioners that petitioners are women and there is no specific allegation of assault against them and that they are related with the informant.

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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri Pramod Kumar, learned Judicial Magistrate 1^st Class, Vaishali at Hajipur in connection

Patna High Court CR. MISC. No.4769 of 2024(2) dt.20-02-2024 3/3

with Jandaha P.S. Case No.282/2023, subject to the conditions

as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J)

amit/-

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