Chanda Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46244 of 2024 Arising Out of PS. Case No.-235 Year-2023 Thana- NATHNAGAR District- Bhagalpur ====================================================== 1.

Chanda Kumari Daughter of Bhudhi Yadav R/O Vill.- Maniyarpur, P.S.- Madhusudanpur, Dist.- Bhagalpur 2.

Kranti Devi @ Rita Devi Wife of Budhi Yadav R/O Vill.- Maniyarpur, P.S.- Madhusudanpur, Dist.- Bhagalpur 3.

Shabnam Devi @ Sabnam Devi @ Sabnam Kumari Wife of Lakhan Yadav R/O Vill.- Maniyarpur, P.S.- Madhusudanpur, Dist.- Bhagalpur 4.

Vina Devi @ Bina Devi Wife of Pawan Yadav R/O Vill.- Maniyarpur, P.S.- Madhusudanpur, Dist.- Bhagalpur 5.

Bhudhi Yadav Son of Late Jageshwar Yadav R/O Vill.- Maniyarpur, P.S.- Madhusudanpur, Dist.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-08-2024 1.

Heard learned Counsel for the petitioners and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Nathnagar (Madhusudanpur) PS case no. 235 of 2023, disclosing offences punishable under Sections 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code. 3.

The prosecution story, as per the First Information Report, is that on 18.03.2023 at about 6.00 pm, while the children were playing, altercation took place between the grandson of the informant and children of the neighbourhood. It

Patna High Court CR. MISC. No.46244 of 2024(2) dt.07-08-2024 2/3 has further been alleged that when the informant's son Shubuklal Kumar went to pacify the matter, all accused persons assaulted him with lathi, danda causing head injury. 4.

Learned Counsel for the petitioners submits that the occurrence has taken place on a trivial issue of altercation which took place between the children of neighbourhood. Learned counsel further submits that there is general and omnibus allegation against the petitioners and injury sustained by the son of the informant is simple in nature. He also submits that the entire family members have been made accused in the present case.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that both parties are agnates and injury caused to the victim is simple in nature, I am inclined to grant the privilege of anticipatory bail to the petitioners.

6.

This application is, accordingly, allowed.

7.

Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in

Patna High Court CR. MISC. No.46244 of 2024(2) dt.07-08-2024 3/3 connection with Nathnagar (Madhusudanpur) PS case no. 235 of 2023, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T