VIKASH KUMAR @ VIKRANT KUAMR v. The State of Bihar
Case at a glance
Outcome
Withdrawn
3 is dismissed as withdrawn
Provisions considered
- Indian Penal Code, 1860 ss. 147, 149, 307, 323, 324, 341, 354(B), 448
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
Operative part
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH Mr.Braj Bhushan Poddar Mr. Nand Kumar, APP. ORAL ORDER 2 02-03-2022 Heard learned counsel for the petitioners and the State. Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks. At the outset, learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioner No. 3 as during pendency of this application, the petitioner has been taken into judicial custody. Permission is granted. Accordingly, this application with regard to petitioner Patna High Court CR. MISC. No.32624 of 2021(2) dt.02-03-2022 No. 3 is dismissed as withdrawn. The petitioner Nos. 1 & 2 are apprehending their arrest in Phulwraria P.S. Case No.
25 of 2021 registered for the offence under Sections 147, 149, 341, 323, 324, 448, 354(B), 307 of the Indian Penal Code. Allegedly, the accused persons having armed with weapons, came at the house of informant and asked Anjali Kumari about her maternal grandmother and threatened to withdraw the case filed by her maternal grandmother. The accused persons tried to lift Anjali Kumari but other members in the house came out and in the meanwhile, the members out from home also reached. The accused persons assaulted the granddaughter of the informant as a result of which, she sustained injury. The informant and others were also assaulted. It has been submitted on behalf of the petitioner Nos. 1 & 2 that they have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against petitioner Nos. 1 & 2. The petitioner Nos. 1 & 2 have been falsely implicated in the present case. No injury is said to have been caused by petitioner Nos.
1 & 2 . The petitioner No. 1 had filed an application in Janta Darbar before the police and the present case has been instituted only in retaliation to the application Patna High Court CR. MISC. No.32624 of 2021(2) dt.02-03-2022 filed by the petitioner No. 1. The application filed by petitioner No. 1 is Annexure-2 to this application. On behalf of the State, it is submitted that the petitioner Nos. 1 & 2 are named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances of the case, the petitioner Nos. 1 & 2, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Begusarai in connection with Phulwraria P.S. Case No. 25 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. A.K.V.//- U T (Sudhir Singh, J)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: 3 is dismissed as withdrawn
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 147, 149, 307, 323, 324, 341, 354(B), 448; Code of Criminal Procedure, 1973 — s. 438(2).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.