Poonam Kumari @ Punam Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21130 of 2025 Arising Out of PS. Case No.-450 Year-2024 Thana- BARUN District- Aurangabad ====================================================== 1.
Poonam Kumari @ Punam Devi Wife of Raju Kumar Gupta (wrongly mentioned in F.I.R. as 34 years) Resident of village - Jankop, Jogiya, P.S. - Barun, District - Aurangabad (Bihar) 2.
Raju Kumar Gupta Son of Late Rajendra Prasad Gupta (wrongly mentioned in F.I.R. as 35 years) Resident of village - Jankop, Jogiya, P.S. - Barun, District - Aurangabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aman Vishal For the Opposite Party/s :
Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-04-2025
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Barun Police Station Case No. 450 of 2024, dated 29.09.2024, disclosing offences under Sections 127/115(2)/109/333/3(5) of the Bhartiya Nyaya Sanhita.
3. The prosecution case, as per the complaint -cum- First Information Report, is that on 27.07.2024, while the informant was taking bath, the petitioners started brick batting and broke the bedroom gate attached to the informant's bathroom, tighten rope on his neck, assaulted him by means of brick and stone. In the meanwhile, the
Patna High Court CR. MISC. No.21130 of 2025(2) dt.23-04-2025 2/3 informant's wife, mother and other family members arrived there and freed the informant from the clutches of the petitioners.
4. Learned counsel for the petitioners submits that the petitioner no. 2 is own brother of the informant and the petitioners have been made accused due to family dispute on the ground that the petitioner no. 2 had solemnized marriage with the petitioner no. 1, who belongs to other caste. He next submits that a counter-case has also been lodged by the side of the petitioners, bearing Barun Police Station Case No. 339 of 2024, against the informant and others. He further submits that there is dispute regarding property also between the parties and injuries sustained by the informant and other family members are simple in nature, as would be evident from the injury report annexed at Annexure-2 series.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that both the parties are closely related having family dispute and dispute regarding property, I am inclined to grant the petitioners privilege of anticipatory bail.
Patna High Court CR. MISC. No.21130 of 2025(2) dt.23-04-2025 3/3
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Barun Police Station Case No. 450 of 2024, subject to the condition laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J) ashwani/- U T