Kumar Bibhanand @ Kumar Bibhanand Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13206 of 2023 Arising Out of PS. Case No.-1561 Year-2020 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== 1.

Kumar Bibhanand @ Kumar Bibhanand Poddar S/o Late Parmanand Poddar R/o village- Sanhauli Khagaria, P.S. and Distt- Khagaria, presently residing at Bhootnat Road, Behind ATM of SBI, 3RC-8, Bahadurpur Housing Colony, Kankarbagh, P.S.- Agamkuan, Distt- Patna. 2.

Kavita Devi W/o Kumar Bibhanand Poddar R/o village- Sanhauli Khagaria, P.S. and Distt- Khagaria, presently residing at Bhootnat Road, Behind ATM of SBI, 3RC-8, Bahadurpur Housing Colony, Kankarbagh, P.S.- Agamkuan, Distt- Patna.

3.

Shikha Poddar W/o Rajiv Kumar Poddar @ Rajiv Ranjan Prabhat Resident at- J P Colony, P.S.- Suratganj, Distt- Madhubani. 4.

Rajiv Kumar Poddar @ Rajiv Ranjan Prabhat S/o Bhuneshwar Poddar Resident at- J P Colony, P.S.- Suratganj, Distt- Madhubani. 5.

Rajesh Poddar S/o Damodar Poddar Resident at- Punjabi Colony, Samastipur, P.S.- Nagar Thana, and Distt- Samastipur and present Address at- Ramkrishna Nagar, Near- Jaganpura Central Public School, P.S.- Ramkrishna Nager, Distt- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sadanand Prasad Deo For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Complaint Case No.1561(C)/2020, registered for the offences punishable under Sections 498(A), 341, 323, 504, 506 and 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.13206 of 2023(2) dt.29-04-2023 2/3 The complainant alleged that on 22.11.2020, petitioner no.5, Rajesh Poddar came at her house and gave wrong information about the severe illness of her daughter. When the complainant alongwith her son went to the house of her daughter at Patna, all petitioners started assaulting the complainant and her son. The accused persons also threatened the complainant to kill her if she would not withdraw earlier cases filed against them.

Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. It is submitted that petitioners have got criminal antecedents as stated in paragraph-3 of the bail application. It is also submitted that all the cases mentioned in paragraph-3 of the bail petition have been lodged by the complainant. It is further submitted that petitioners are in-laws of complainant's daughter. It is submitted that no specific overt act is alleged against the petitioners.

Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioners. Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six

Patna High Court CR. MISC. No.13206 of 2023(2) dt.29-04-2023 3/3 weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Begusarai in connection with Complaint Case No.1561(C)/2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T