Chandrawati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17415 of 2025 Arising Out of PS. Case No.-452 Year-2024 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.
Chandrawati Devi wife of Biteshar Kumar @ Viteshwar Kumar @ Viteshwar Singh Resident of Village- Bazarua, P.S.- Udwant Nagar, DistrictBhojpur 2.
Viteshwar Kumar @ Viteshwar Singh @ Biteshar Kumar son of Ramraj Singh @ Raghunath Yadav Resident of Village- Bazarua, P.S.- Udwant Nagar, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dharmesh Kumar Shrivastava, Advocate For the State :
Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 16-04-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Udwant Nagar PS. Case No.-452 of 2024, registered for the offences punishable under Sections 126(2) , 115(2), 351(2), 352, 109 and 3(5) of B.N.S.
3. As per allegation, the informant has been assaulted by farsa by the accused petitioners, leading to fracture on his head.
4. Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this
Patna High Court CR. MISC. No.17415 of 2025(2) dt.16-04-2025 2/3 case. He further submits that as per the injury report, injury has been caused by hard and blunt and substance and is simple in nature. As such, it does not corroborate the oral allegation against the petitioner. He further submits that the present false case has been lodged on account of previous enmity, because the informant and accused are blood brothers and there is family dispute regarding property. He further submits that the matter has been settled between the parties.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioners have no criminal antecedents.
7. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.17415 of 2025(2) dt.16-04-2025 3/3 satisfaction of concerned Court below, in connection with Udwant Nagar P.S. Case No.-452 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.
(Jitendra Kumar, J) shoaib/- U T