Upendra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2830 of 2025 Arising Out of PS. Case No.-273 Year-2024 Thana- SONO District- Jamui ====================================================== 1.

Upendra Das S/O Tiko Das @ Tika Das R/O Village- Jokatiya, P.S- Sono, Distt.- Jamui.

2.

Rinki Devi W/O Ranjit Das R/O Village- Jokatiya, P.S- Sono, Distt.- Jamui. 3.

Jharokhi Devi @ Jharokha Devi W/O Tiko Das @ Tika Das R/O VillageJokatiya, P.S- Sono, Distt.- Jamui. 4.

Bindu Devi W/O Onkar Das R/O Village- Rakat Rohaniya, P.S- Sono, Distt.- Jamui.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 15-02-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. After some argument, learned counsel for the petitioners seeks permission to withdraw the present bail application qua the petitioner no. 1.

3. Permission is accorded.

4. The petitioners no. 2, 3 and 4 apprehends their arrest in connection with Sono P.S. Case No. 273 of 2024 registered for the offences punishable under Sections 126(2), 115(2), 109, 117(2), 303(2) 85, 352 and 3(5) of the B.N.S.

5. Based upon the written report, the informant

Patna High Court CR. MISC. No.2830 of 2025(2) dt.15-02-2025 2/3 alleged that the marriage of her daughter was solemnized with Upendra Das (petitioner no.1) in the year 2017. However, she has always been subjected to demand of dowry and torture and in order to resolve this dispute, a Panchayati was also taken place and information was given to the Mahila Police Station on 05.08.2024, whereupon Upendra Das (petitioner no.1) has given undertaking that he will keep his wife with full honour and dignity. Notwithstanding the aforesaid fact, all the accused persons started assaulting her. On the aforesaid information, when the informant and other family members reached there to make the matter pacify, all the accused persons brutally assaulted them due to which two of the persons sustained grievous injury.

6. Learned counsel for the petitioners contended that so far the grievous injury to the informant is concerned, that has been attributed against Upendra Das (petitioner no.1) whereas there is omnibus nature of allegation against the petitioners no. 2, 3 and 4 that they have assaulted the daughter of the informant, who has sustained only simple injury. Moreover, the petitioners no. 2, 3 and 4 are ladies having fair antecedent.

7. On the other hand, learned counsel for the State opposed the bail application and submitted that the petitioners

Patna High Court CR. MISC. No.2830 of 2025(2) dt.15-02-2025 3/3 have also actively participated and assaulted the informant and her family members.

8. Regard being had to the submissions made on behalf of the parties and considering the nature of allegation against the petitioners no. 2, 3 and 4, coupled with the fact that the injury attributed against them is found to be simple in nature and the petitioners no. 2, 3 and 4 are ladies having fair antecedent, let the petitioners no. 2, 3 and 4, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Jamui in connection with Sono P.S. Case No. 273 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C, with further condition that one of the bailors shall be the own/close family members of the petitioners.

(Harish Kumar, J) rohit/- U T