Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6517 of 2025 Arising Out of PS. Case No.-683 Year-2024 Thana- AMARPUR District- Banka ====================================================== 1.
Amit Kumar S/O Mahendra Paswan Resident of village-Kathaun, P.S. Rajoun, District- Banka.
2.
Nishu Devi @ Nitu Devi @Nitu Kumari wife of Amit Kumar Resident of village-Kathaun, P.S. Rajoun, District- Banka. 3.
Sadanand Paswan @ Sadanand Prasad son of Late Satyanarayan Paswan. Resident of village-Surihari, P.S.- Amarpur, District-Banka. Petitioners. 4.
Kabita Devi wife of Sadanand Paswan @Sadanand Prasad Resident of village-Surihari, P.S.- Amarpur, District-Banka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Nandan Prasad, Advocate For the Opposite Party/s :
Mr. Binod Kumar, A.P.P.
For the Informant :
Mr. Ram Prawesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-03-2025 Heard learned counsel for the petitioners, informant and the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 109(1), 74, 76, 303(2), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita.
3. As per prosecution case, on 13.10.2024, all the F.I.R. name accused persons including these petitioners and 3-4 unknown persons entered the house of informant and assaulted her and when her husband and daughter tried to save her, then
Patna High Court CR. MISC. No.6517 of 2025(3) dt.17-03-2025 2/3 petitioner No. 1 gave rod blow on the head of the husband of informant and petitioner Nos. 1 & 3 tried to outrage the modesty of her daughter. It is further alleged that petitioner Nos. 2 & 4 committed theft of gold ornaments of the informant.
4. Learned counsel for the petitioners submits that both parties are co-villagers and due to petty dispute this false and concocted case has been lodged. He further submits that as a matter of fact, present case is counter blast of Amarpur P. S. Case No. 288 of 2024 which was lodged by the petitioners' side against informant and others which is earlier in point of time. Injuries allegedly caused by these petitioners are simple in nature. Rest of the allegations are super addition to make the case grave. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application.
6. Considering the nature of accusation, simple injury, clean antecedent and other facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like
Patna High Court CR. MISC. No.6517 of 2025(3) dt.17-03-2025 3/3 amount each to the satisfaction of Chief Judicial Magistrate, Banka in connection with Amarpur P. S. Case No. 683 of 2024, subject to condition as laid down under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J) Navya/- U T