Manju Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31640 of 2025 Arising Out of PS. Case No.-800 Year-2024 Thana- AMARPUR District- Banka ====================================================== 1.
Manju Devi W/o- Kishori Paswan Resident Of Village- Khaira, PsAmarpur, Dist- Banka 2.
Deepak Kumar @ Deepak Paswan @ Deepak Kumar Paswan S/o- Kishori Paswan Resident Of Village- Khaira, Ps- Amarpur, Dist- Banka 3.
Jainandan Paswan S/o- Jagdish Paswan Resident Of Village- Khaira, PsAmarpur, Dist- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar For the Opposite Party/s :
Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 22-05-2025 Heard the parties.
2. The petitioners apprehend their arrest in connection with Amarpur P.S. Case No. 800 of 2024, registered for the offences punishable under Sections 126(2), 115(2), 109(1), 74, 352, 351(2), 3(5) of BNS, 2023.
3. The allegation against the petitioners is of abusing and assaulting the informant and when other persons came to his rescue, they were also assaulted by the co-accused persons.
4. Learned Advocate for the petitioners contended that so far the allegation against petitioner nos. 2 and 3 of causing assault over the head of the informant is concerned, the
Patna High Court CR. MISC. No.31640 of 2025(2) dt.22-05-2025 2/3 impugned order suggests that the informant sustained only one injury over the head but nature of injury has not been disclosed. It is the contention of the petitioner that the said injury is simple in nature. Both the parties are close agnates and on account of some trifle, they entered into a scuffle resulting into simple injuries to the persons of both the sides. It is further contended that so far petitioner nos. 1 and 3 are concerned, they are having fair antecedent, whereas petitioner no. 2 bears one criminal antecedent, however he is on bail. The petitioners undertake before this Court they will fully cooperate in the proceeding of the court.
5. On the other hand, learned Advocate for the State vehemently opposes the bail application and submits that the petitioners have actively participated in the crime causing injury to the informant and others.
6. Considering the submissions advanced by the learned Advocates for the parties and taking note of omnibus allegation as also the fact that the nature of injury has not been disclosed by the court below, coupled with the undertaking before this Court that they shall fully cooperate in the proceeding of the court, let the petitioners abovenamed be released on bail, in the event of their arrest or surrender before
Patna High Court CR. MISC. No.31640 of 2025(2) dt.22-05-2025 3/3 the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 800 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioners.
(Harish Kumar, J) Anjani/- U T