Poonam Devi @ Punam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25249 of 2025 Arising Out of PS. Case No.-114 Year-2024 Thana- BEERPUR District- Begusarai ====================================================== 1.

Poonam Devi @ Punam Devi Wife of Anmol Choudhary @ Anmol Chaudhari Village -Bhabhangawan Karichak PS -Birpur District -Begusarai 2.

Anmol Choudhary @ Anmol Chaudhari son of Late Baleshwar Choudhary @ Baleshwar Choudhary @ Baleshwar Chaudhari Village -Bhabhangawan Karichak PS -Birpur District -Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Adv For the Opposite Party/s :

Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 21-07-2025 Heard learned counsel for the petitioners, and the learned APP for the State.

2. Petitioner apprehends his arrest in connection with Birpur P.S.Case No. 114 of 2024 registered for the offences punishable under Section 341, 323, 504, 506, 307/34 of the Indian Penal Code.

3. The allegation in the FIR is that the accused persons came variously armed and started abusing and assaulting the informant's family in which the grand-daughter of the informant received injury on her head.

4. Learned counsel for the petitioners submits that it would be apparent from the FIR that there is general and omnibus allegation of assault against the petitioners and the petitioners and informant are next door neighbours having land dispute. Further, there has been delay of three days in lodging of the FIR and from the narration of

Patna High Court CR. MISC. No.25249 of 2025(3) dt.21-07-2025 2/2 events, it appears that there was no intention to cause any injury to anyone much less the grand-daughter of the informant, who seems to have been accidentally hit by means of bricks and sticks due to which she sustained injury on her head. It has been stated in paragraph-9 of the petition that the injured sustained one stitched wound over the scalp, however the nature of injury had been kept reserved. It is thus submitted that no offence under section 307 would be made out under the facts and circumstances of the case.

6. Learned APP for the State opposes the anticipatory bail.

7. Considering the facts and circumstances and also considering that the petitioners are neighbours having land dispute and have no criminal antecedent, let the petitioners, in the event of their arrest/ surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/ successor court in Birpur P.S.Case No. 114 of 2024 subject to condition as laid down under Section 438(2) of the Cr.P.C and subject to the further condition that the petitioner shall co-operate in investigation/ trial. (Soni Shrivastava, J) N.K/- U T