Ramashankar Yadav @ Ramashankar Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Ramashankar Yadav @ Ramashankar Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail application of petitioner no. 2 (Dipendra Yadav @ Dipendra Kumar Yadav) dismissed; application of petitioner no. 1 (Ramashankar Yadav @ Ramashankar Singh) allowed - he is to be released on anticipatory bail if arrested or surrendered before the Court below within four weeks, on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar, in connection with Dumraon Police Station Case No. 188 of 2024, subject to the conditions under Section 438 (2) of the Code of Criminal Procedure.

Issue for consideration

Whether petitioner no. 2, Dipendra Yadav @ Dipendra Kumar Yadav, should be granted anticipatory bail in Dumraon Police Station Case No. 188 of 2024 despite the specific allegation of assault causing grievous injury to the informant. +1 more

Court's answer

Anticipatory bail was refused to petitioner no. 2 because, although the parties are agnates and co-sharers, there is a specific allegation of assault against him and the injury caused to the informant is grievous in nature; accordingly his anticipatory bail application was dismissed.

Ratio / Principle

Petitioner no. 1, being an order giver with no allegation of assault against him, was held entitled to anticipatory bail and his application was allowed, subject to the conditions imposed in the operative direction (bond of Rs. 10,000 with two like sureties, surrender/arrest within four weeks before the Court below, and S. 438(2) CrPC conditions).

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court (Anil Kumar Sinha, J.), CRIMINAL MISCELLANEOUS No.58960 of 2024, order dt. 11-09-2024, arising out of Dumraon P.S. Case No. 188 of 2024 (offences under Sections 308/325/341/504/506/34 IPC): FIR alleges that on 21.05.2024 the informant, while fencing her field, was abused by the petitioners and, on the orders of petitioner no. 1, assaulted by petitioner no. 2 with a khanti, suffering a head injury and a fractured hand. Held: anticipatory bail refused to petitioner no. 2, there being a specific allegation of assault against him and the informant's injury being grievous in nature, notwithstanding that the parties are agnates and co-sharers; anticipatory bail granted to petitioner no. 1, who was alleged only as an order giver with no allegation of assault against him, on furnishing a bail bond of Rs. 10,000/- with two like sureties to the satisfaction of the Chief Judicial Magistrate, Buxar, upon arrest or surrender within four weeks, subject to the conditions of Section 438 (2) CrPC.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58960 of 2024

Arising Out of PS. Case No.-188 Year-2024 Thana- DUMRAO District- Buxar

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

1. Ramashankar Yadav @ Ramashankar Singh S/O Late Gulzar Yadav R/O Village- Chaturshalganj, P.S- Dumraon, Dist.- Buxar.

Dipendra Yadav @ Dipendra Kumar Yadav S/O Ramashankar Yadav R/O Village- Chaturshalganj, P.S- Dumraon, Dist.- Buxar.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dr.Kamal Deo Sharma For the Opposite Party/s : Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

ORAL ORDER

2 11-09-2024 1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail arises out of Dumraon Police Station Case No. 188 of 2024, 21.05.2024, disclosing offences under Sections 308/325/341/504/506/34 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that on 21.05.2024, in the morning, when the informant was fencing her field, the petitioners arrived there and abused her. When objected, on orders of petitioner no. 1, the petitioner no. 2 assaulted her by means of khanti due

Patna High Court CR. MISC. No.58960 of 2024(2) dt.11-09-2024 2/3

to which she sustained injury on her head and her hand got fractured.

Learned counsel for the petitioners submits that the petitioners have not committed any offence in the manner alleged and they falsely been implicated in the present case on the basis of concocted story due to oblique motive. He next submits that both parties are co-sharer and agnates. The petitioners have got no criminal antecedent.

Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are agnates and co-sharer, there is specific allegation of assault against the petitioner no. 2 and injury caused to the informant is grievous in nature, I am not inclined to grant the petitioner no. 2 privilege of anticipatory bail.

Accordingly, the anticipatory bail application in respect of petitioner no. 2 is dismissed.

In so far as the petitioner no. 1 is concerned, hs is an order giver and there is no allegation of assault against him, I am inclined to grant the petitioner no. 1 privilege of anticipatory bail.

Patna High Court CR. MISC. No.58960 of 2024(2) dt.11-09-2024 3/3

Accordingly, this application, in respect of the petitioner

no. 1 is allowed.

Let the petitioner no. 1, Ramashankar Yadav @ Ramashankar Singh, in the event of his arrest or surrender before the Court below within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Dumraon Police Station Case No. 188 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J)

ashwani/-

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