Putul Kumari @Putul Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26499 of 2023 Arising Out of PS. Case No.-208 Year-2021 Thana- KATIHAR NAGAR District- Katihar ====================================================== 1.
PUTUL KUMARI @PUTUL SHARMA WIFE OF DR. RAJU RESIDENT OF VILLAGE-DURGAPUR, PS- KATIHAR, (NAGAR/TOWN), DISTTKATIHAR AT PRESENT RESIDING AT VILLAGE- CHAKPUNARWAS, PS- MATIYANI, DISTT- BEGUSARAI 2.
KALESHWAR SHARMA SON OF LATE SITA RAM SHARMA RESIDING AT VILLAGE- CHAKPUNARWAS, PS- MATIYANI, DISTTBEGUSARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pawan Kumar Singh For the Opposite Party/s :
Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-07-2023 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Katihar Town Police Station Case No. 208 of 2021, dated 24.04.2021, disclosing offences under Sections 341/323/308/504/34 of the Indian Penal Code.
The prosecution case, on the basis of the First Information Report, is that on 21.04.2021, the petitioner no. 1 demanded the key of the Godrej almirah from informant in which some amount of the informant was kept and upon protest being made by the informant, the petitioners assaulted the informant by means of iron lock due to which the informant
Patna High Court CR. MISC. No.26499 of 2023(2) dt.12-07-2023 2/3 sustained injury.
Learned Counsel for the petitioners submits that the petitioner no. 1 is the daughter-in-law of the informant and the petitioner no. 2 is the father of the petitioner no. 1. He further submits that the petitioner no. 1 had lodged a complaint case against the informant in the year 2018 bearing Complaint Case No. 2090(C) of 2018 under Section 498(A) of the Indian Penal Code and further a maintenance case has also been filed by the petitioner no. 1 against her husband due to which she has falsely been implicated in this case along with her father. He next submits that injury caused to the informant has been found to be simple in nature.
Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner no. 1 had lodged a complaint case and maintenance case against the informant and her son and the injury caused to the informant is simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail.
This application is, accordingly, allowed.
Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.26499 of 2023(2) dt.12-07-2023 3/3 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar, in connection with Katihar Town Police Station Case No. 208 of 2021, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) ashwani/- U √ T √