Kiran Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13110 of 2020 Arising Out of PS. Case No.-58 Year-2019 Thana- PARASI District- Jehanabad ====================================================== 1.
KIRAN KUMARI Daughter of Late Dukhit Choudhary Resident of VillageBatan Bigha, P.S.- Parasi, District- Arwal. 2.
Sri Niwash Chaudhary @ Niwas Son of Late Dukhit Chaudhary Resident of Village- Batan Bigha, P.S.- Parasi, District- Arwal. 3.
Ranjeet Kumar @ Ranjit Chaudhary @ Ranjeet Kumar Son of Late Dukhit Choudhary Resident of Village- Batan Bigha, P.S.- Parasi, District- Arwal. 4.
Shobhan Chaudhary Son of Late Sarjug Choudhary Resident of VillageRupapur, P.S.- Kinjar, District- Arwal. ... ... Petitioners.
Versus
The State of Bihar ... ... Opposite Party.
====================================================== Appearance :
For the Petitioners :
Mr. Shiv Prasad Gupta, Advocate.
For the State :
Mr. Ram Priya Sharan Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-08-2020 At the very outset, learned counsel appearing for the petitioners, through Video Conferencing, points out that the petitioner no.3, namely, Ranjeet Kumar alias Ranjit Chaudhary alias Ranjeet Kumar, has already been arrested by the police in this case and, as such, this application, in respect of the petitioner no.3, namely, Ranjeet Kumar alias Ranjit Chaudhary alias Ranjeet Kumar, has become infructuous.
In that view of the matter, learned counsel for the petitioners seeks permission to withdraw this application in respect of the petitioner no.3, namely, Ranjeet Kumar alias
2/4 Ranjit Chaudahry alias Ranjeet Kumar.
Permission is accorded.
This application, in respect of the petitioner no.3, namely, Ranjeet Kumar alias Ranjit Chaudhary alias Ranjeet Kumar, is dismissed as withdrawn.
Now, only the prayer of the petitioner nos.1, 2 and 4, above named, to grant them the privilege of pre-arrest bail is being considered.
Heard learned counsel for the petitioner nos.1, 2 and 4, above named, and the learned A.P.P. for the State through Video Conferencing.
The petitioner nos.1, 2 and 4 apprehend their arrest in connection with Parasi P.S. Case No.58 of 2019 registered under Sections 341, 323, 307 and 504/34 of the Indian Penal Code. The accusation is that on 19.10.2019 at about 08.30 P.M., Jash Chaudhary, the son of the informant Lakhiya Devi, was present at the door of his house. At that time, Sri Niwash Chaudhary (petitioner no.2), without any reason, started to abuse him. When the protest was made by the son of the informant, then the petitioner no.2 started to cause assault to him through fists, slaps and lathi. At that time, Kiran Kumari (petitioner no.1) pelted stone at the son of the informant from
3/4 roof, causing injury at his forehead. When the son of the informant started to flee away, then Shobhan Chaudhary (petitioner no.4) and Ranjit Chaudhary also caused injury to him through lathi and danda.
Learned counsel for the petitioner nos.1, 2 and 4 submits that while the allegation has been made to cause injury to the son of the informant by the petitioner nos.1, 2 and 4 but only one injury in the size of 4 cm. x 0.5 cm. x 0.25 cm. on occipital region of the son of the informant was found, which is attributed to the petitioner no.1, namely, Kiran Kumari, who is lady. The nature of the injury itself indicates that the same is simple in nature, though the same is on vital part of the son of the informant. Further submission is that while the petitioner nos.1 and 4 have no criminal antecedents but the petitioner no.2 is accused in one more case, as detailed in paragraph-3 to this application.
Having considered the facts and the circumstances of the case, let the petitioner nos.1, 2 and 4, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate,
4/4 First Class, Arwal, District-Arwal, in connection with Parasi P.S. Case No.58 of 2019, District-Arwal, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T