Anjani Devi @ Anjani Kumar@ Anjali Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29923 of 2024 Arising Out of PS. Case No.-296 Year-2023 Thana- KHIJARSARAI District- Gaya ====================================================== 1.
Anjani Devi @ Anjani Kumar@ Anjali Kumari wife of Ramanand Paswan R/O Village-Naudiha, P.S- Khizarsarai,District- Gaya 2.
Nisha Devi wife of Ramjanam Paswan R/O Village-Naudiha, P.SKhizarsarai,District- Gaya 3.
Vidya Devi wife of Rajo Paswan R/O Village-Naudiha, P.SKhizarsarai,District- Gaya 4.
Anandi Paswan son of Rajo Paswan R/O Village-Naudiha, P.SKhizarsarai,District- Gaya 5.
Ramanand Paswan son of Rajo Paswan R/O Village-Naudiha, P.SKhizarsarai,District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kaushal Kishor, Adv.
For the Opposite Party/s :
Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 20-05-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Khizarsarai P.S. Case No. 296 of 2023 dated 01.08.2023, instituted for the offence punishable under Sections 341, 323, 325, 307, 354, 504/34 of the Indian Penal Code.
3. The prosecution case, in short, is that on the alleged date of occurrence co-accused Rajo Paswan abused the informant while she was bringing grass. Informant's husband
Patna High Court CR. MISC. No.29923 of 2024(2) dt.20-05-2024 2/3 objected upon which due to previous enmity, the petitioners along with other co-accused started assaulting them and the petitioner no. 5 Ramanand Paswan assaulted her husband with iron rod due to which he became unconscious. When her daughter came to rescue them, she was also assaulted.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is submitted that there is case and counter case between the parties. There is four days delay in lodging the present F.I.R.. Both the parties are agnates. Except petitioner no. 5, the allegation against the other co-accused persons are general and omnibus. Lastly, it has been submitted that petitioner nos. 4 and 5 have one criminal case against them and petitioner nos. 1, 2 and 3 have no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for bail of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners in connection with Khizarsarai P.S. Case No. 296 of 2023, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like
Patna High Court CR. MISC. No.29923 of 2024(2) dt.20-05-2024 3/3 amount each to the satisfaction of the learned A.C.J.M.-IV, Gaya, subject to condition as laid down under Section 438(2) of the Cr.P.C..
(Khatim Reza, J) prabhat/- U T