Rekha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29935 of 2025 Arising Out of PS. Case No.-355 Year-2023 Thana- BARARI District- Katihar ====================================================== 1.
Rekha Devi W/o Anil Paswan Resident of Village- Bati Nagar Kunwar Tola, Ward No.- 4, P.S.- Barari, Distt.- Katihar 2.
Govind Paswan S/o Anil Paswan Resident of Village- Bati Nagar Kunwar Tola, Ward No.- 4, P.S.- Barari, Distt.- Katihar 3.
Gopal Paswan S/o Anil Paswan Resident of Village- Bati Nagar Kunwar Tola, Ward No.- 4, P.S.- Barari, Distt.- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Balkrishna Mishra, Advocate For the Opposite Party/s :
Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-05-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending arrest in connection with Barari P.S. Case No. 355 of 2023, registered on 11.11.2023 for the offences punishable under Sections 341, 323, 324, 325, 307 and 34 of the Indian Penal Code.
3. According to the prosecution, the FIR has been lodged against six named and eight unknown accused persons, including the present petitioners, alleging that all the accused persons, along with others, assaulted the informant with an iron rod and a sword.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. It is further submitted that both the petitioners and the informant are agnates, and a scuffle took place between them over a petty
Patna High Court CR. MISC. No.29935 of 2025(2) dt.14-05-2025 2/2 family issue. In connection with the same date and place of occurrence, a case and a counter-case have been lodged. The petitioners' side filed Barari P.S. Case No. 356 of 2023, while the informant lodged Barari P.S. Case No. 355 of 2023. Counsel further submits that the entire family has been made accused in the present case, and the current bail application has been filed on behalf of the mother and her two sons. Counsel also submits that the petitioners have no criminal antecedents.
5. Learned APP for the State opposes the prayer for bail but fairly submits that both parties are agnates and a case and a counter-case have been lodged.
6. In the present facts and circumstances, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.-I, Katihar, in connection with Barari P.S. Case No. 355 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dr. Anshuman, J.) Aman Kumar/- U