Buni @ Sumitra Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42197 of 2024 Arising Out of PS. Case No.-129 Year-2024 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.
Buni @ Sumitra Devi W/o Bhola Ram, R/o Vill - Gaughat, Patelnagar, P.O. and P.S. - Daudnagar, Distt. - Aurangabad, Bihar. 2.
Ganeshi Ram @ Bhola @ Bhotha Ram S/o Sobhanath Ram, R/o Vill - Gaughat, Patelnagar, P.O. and P.S. - Daudnagar, Distt. - Aurangabad, Bihar. 3.
Kamlesh Ram S/o Ganeshi Ram, R/o Vill - Gaughat, Patelnagar, P.O. and P.S. - Daudnagar, Distt. - Aurangabad, Bihar. 4.
Varun Kumar @ Barun Kumar @ Varun Ram S/o Ganeshi Ram, R/o Vill - Gaughat, Patelnagar, P.O. and P.S. - Daudnagar, Distt. - Aurangabad, Bihar. 5.
Mahendra Ram S/o Kisun Ram, R/o Vill - Gaughat, Patelnagar, P.O. and P.S. - Daudnagar, Distt. - Aurangabad, Bihar.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Supriya Kumari, Advocate.
For the Opposite Party/s :
Mr. Parmanand Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-09-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Daudnagar P.S. Case No.129 of 2024 instituted under Sections 341, 323, 325, 307, 504, 506/34 of the Indian Penal Code.
3. As per the prosecution case, nine accused persons including the petitioners assaulted the father, mother and brother of the informant who have been treated in the hospital.
Patna High Court CR. MISC. No.42197 of 2024(3) dt.21-09-2024 2/3
4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. She further submits that both the parties are neighbours and for petty dispute, family of both the parties indulged in free fight, in which, both the parties got injury. Learned counsel submits that the injuries found on the injured persons, namely, Durga Chadhary, Savitri Kumari and Kalawati Devi although is grievous in nature but the same is not on the vital part of the body. She further submits that the allegations of assault are general in nature and there is no specific allegation of assault against the petitioners and there is delay of 2 days in lodging in the F.I.R. She also submits that the petitioners have no criminal antecedent and they undertake to cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering 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 be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the
Patna High Court CR. MISC. No.42197 of 2024(3) dt.21-09-2024 3/3 learned Sub-Divisional Judicial Magistrate, Daudnagar in connection with Daudnagar P.S. Case No.129 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) Ritik/- U T