Khushboo Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26759 of 2024 Arising Out of PS. Case No.-42 Year-2024 Thana- TAJPUR District- Samastipur ====================================================== 1.
Khushboo Kumari WIFE OF ANIL KUMAR R/O VILL-MOTIPUR, PSTAJPUR, DIST-SAMASTIPUR 2.
SUNIL KUMAR MAHTO @ SUNIL KUMAR SON OF SHANKAR MAHTO R/O VILL-MOTIPUR, PS-TAJPUR, DIST-SAMASTIPUR 3.
ANIL KUMAR SON OF SHANKAR MAHTO R/O VILL-MOTIPUR, PSTAJPUR, DIST-SAMASTIPUR 4.
RINKU DEVI WIFE OF SUNIL KUMAR R/O VILL-MOTIPUR, PSTAJPUR, DIST-SAMASTIPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dilip Kumar Roy For the Opposite Party/s :
Ms. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 307, 337, 338, 333, 353, 504 and 506 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner nos. 1 and 4 are women and have been falsely implicated in the instant case by the informant who is a Revenue Officer and
Patna High Court CR. MISC. No.26759 of 2024(2) dt.15-05-2024 2/3 alleges that he along with other officials went on the land of Manoj Kumar Sah for the purposes of measurement when all the accused persons including the petitioners came and started abusing and assaulted lathi, danda and stones, on which the measurement of land had to be stopped and the police was called to control the situation.
4. The learned counsel for the petitioners submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the allegation of assault is general and omnibus in nature and no one suffered any injury. It is next submitted that there was a dispute relating to land in between the side of the petitioners and Manoj Kumar Sah and when the officials came for measurement, the same was objected, on which Manoj Kumar Sah abused on account of which an altercation took place between both the sides.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-
Patna High Court CR. MISC. No.26759 of 2024(2) dt.15-05-2024 3/3 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Tajpur P.S. Case No. 42 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. Accordingly, the present anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T