Chandmuni Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22634 of 2024 Arising Out of PS. Case No.-321 Year-2023 Thana- MANJHI District- Saran ====================================================== 1.
Chandmuni Devi wife of Late Baijnath Yadav Village- Mairatpur Ps- Manjhi Dist- Saran 2.
Ranjan Yadav @ Ranjan Kr. Yadav son of Late Baijnath Yadav VillageMairatpur Ps- Manjhi Dist- Saran 3.
Putul Yadav @ Akhilesh Yadav son of Late Baijnath Yadav VillageMairatpur Ps- Manjhi Dist- Saran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Avnish Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-04-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case in connection with Manjhi P.S. Case No. 321 of 2023 dated 20.10.2023 registered for the offences punishable u/ss 341, 323, 324, 325, 307, 504, 506 read with section 34 of the Indian Penal Code.
3. As per the prosecution case, when the informant's son had gone to attend the call of nature near river side then the petitioners and the co-accused persons are alleged to have started assaulting and drowning the informant's son. The
Patna High Court CR. MISC. No.22634 of 2024(2) dt.25-04-2024 2/3 petitioner Putul Yadav assaulted the informant's son with danda by drowning him in the river. When the informant and his family members came to rescue him then the petitioner, Ranjan Yadav assaulted the informant and his son with spade due to which they sustained head injury. The co-accused persons assaulted the informant's wife with legs, fists and slaps causing injury and her golden earring and nose pin were snatched. Thereafter, the accused persons fled away from the place of occurrence after firing.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is a case and counter case between the parties. As per the injury report of Parmeshwar Yadav, he sustained three injuries out of which two injuries are abrasion and the other injury is grievous in nature on his right forearm. The injured Sumit Yadav sustained two injuries, the injury no. 1 is abrasion and the other injury is grievous in nature on his left hand which is on non vital part of the body. Learned counsel has further submitted that the petitioner had no intention to cause death of the informant and his son. The petitioners have no concern with the alleged offence. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.
Patna High Court CR. MISC. No.22634 of 2024(2) dt.25-04-2024 3/3
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of injuries, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bailbond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Saran at Chapra in connection with Manjhi P.S. Case No. 321 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
7. This application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T