Faguni Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42773 of 2025 Arising Out of PS. Case No.-590 Year-2020 Thana- PAROO District- Muzaffarpur ====================================================== 1.

Faguni Bhagat, aged about 65 years, S/o Late Amar Bhagat, resident of Village -Harisahnkarpur, P.S- Paru, Dist- Vaishali. 2.

Rajan Kumar @ Ranjan Kumar, aged about 26 years, Male, S/o Faguni Bhagat, resident of Village- Harishankarpur, P.S- Paru, Dist- - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashutosh Kumar, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners apprehend arrest in connection with Paroo PS Case No.590 of 2020 dated 11.11.2020, instituted under Sections 341, 323, 307, 354, 379/34 of the Indian Penal Code.

3. The allegation against the petitioners is that they caught the informant and tried to strangulate her by means of a rope. Further, petitioner no.2 is alleged to have assaulted her with a knife on different parts of the body.

4. Learned counsel for the petitioners submits that petitioner no.1 is the father-in-law and the petitioner no.2 is the

Patna High Court CR. MISC. No.42773 of 2025(4) dt.15-10-2025 2/3 brother-in-law (younger brother of the husband) of the informant. There is specific allegation against petitioner no.2 that he inflicted knife blow on different parts of the body, but there is no injury of any sharp cutting weapon on the person of the informant. The injuries sustained by the informant is mentioned in the impugned order which are as follows: "multiple red spot on the neck; multiple abrasions on right hand; 3m of abrasion on the left hand; abrasion on the right ankle joint; lacerated wound of 1/2" x 1/6" skin deep on left greater toe; red strialion of 1" x 1/2" on right shoulder". Further submission is that from perusal of the injuries sustained by the informant, the allegation against the petitioner stands falsified.

It is also submitted that the date of occurrence is 08.11.2020, but the FIR has been lodged on 11.11.2020 i.e., after three days of the occurrence. There is dispute with regard to joint family property and the husband of the informant has recently gifted joint family property to the informant through registered sale deed 29.03.2025. Lastly, it is submitted that the petitioners have no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in

Patna High Court CR. MISC. No.42773 of 2025(4) dt.15-10-2025 3/3 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/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-III, West, Muzaffarpur, in Paroo PS Case No.590 of 2020, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T