Smt. Bucchi Devi @ Meena Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 30122 of 2024 Arising Out of PS. Case No.-1139 Year-2022 Thana- KANKARBAG District- Patna ====================================================== 1.

SMT BUCCHI DEVI @ MEENA KUMARI DAUGHATER OF LATE RAM PRASASD RESIDENT OF VILLAGE- AT LIGH 100/43, PSKANKAR BAGH, DIST- PATNA 2.

GOLU KUMAR @ AVINASH SON OF SMT. BUCCHI DEVI @ MEENA KUMARI RESIDENT OF VILLAGE- AT LIGH 100/43, PS- KANKAR BAGH, DIST- PATNA 3.

DEVENDRA KUMAR SON OF LATE RAM PRASAD RESIDENT OF VILLAGE- AT LIGH 100/43, PS- KANKAR BAGH, DIST- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Gautam Kumar Yadav, Advocate For the Opposite Party/s :

Mr Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR JUSTICE KHATIM REZA ORAL ORDER 20-05-2024 Heard learned counsel for the petitioners and the learned Additional Public Prosecutor for the State. 2 The petitioners apprehend arrest in connection with Kankarbagh PS Case No 1139 of 2022 dated 01.12.2022 instituted under Sections 147, 323, 447, 448, 506, 380, 427, 504 of the Indian Penal Code.

3 The allegation against the petitioners is that they threw out the household articles of the informant on the road. 4 The learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in

Patna High Court CR. MISC. No.30122 of 2024(2) dt.20-05-2024 2/3 this case. It is submitted that all the petitioners are family members and neighbours of late Dhaneshwar Ram. From perusal of the FIR, it is apparent that the dispute is against Dr Shambhu Kumar and another complaint case bearing Complaint Case No 9227 of 2022 has also been filed in respect of the same incident. It is submitted that there is a civil dispute between Dr Shambhu Kumar and the informant. Title Suit No 389 of 2022 has also been filed by the husband of the informant against Dr Shambhu Kumar and elder brother of petitioners No 1 and 3, namely, Ravindra Kumar. Admittedly, there is a civil dispute between the parties which is pending for final adjudication and there is no specific allegation against the petitioners. It is also submitted that the petitioners have no criminal antecedent. 5 Learned APP for the State has vehemently opposed the prayer for anticipatory bail.

6 Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners shall be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna in

Patna High Court CR. MISC. No.30122 of 2024(2) dt.20-05-2024 3/3 Kankarbagh PS Case No 1139 of 2022 dated 01.12.2022 subject to the conditions as laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

7 The application stands allowed.

(Khatim Reza, J) M.E.H./- U T