Kusum Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45745 of 2024 Arising Out of PS. Case No.-236 Year-2023 Thana- MANPUR District- Nalanda ====================================================== 1.
Kusum Devi, aged about 55 years, female, wife of Arun Yadav, 2.
Rubi Kumari, aged about 21 years, female, daughter of Arun Yadav, Both resident of Belchhi Sharif, P.S.- Manpur, Dist.- Nalanda ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bishwa Bijay Kumar, Advocate For the Opposite Party/s :
Mr. Raj Kishor Singh, APP For the Informant :
Mr. Sanjay Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioners; learned Additional Public Prosecutor for the State as well as learned counsel for the informant.
2. The petitioners apprehend arrest in connection with Manpur PS Case No.236 of 2023 dated 17.12.2023, instituted under Sections 341, 323, 307, 337, 338, 506/34 of the Indian Penal Code.
3. The allegation against the petitioners is that they along with other family members assaulted the mother of the informant by means of bricks due to which she sustained head injury.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.45745 of 2024(2) dt.02-08-2024 2/3 petitioners are innocent and they have been falsely implicated in this case. There is no specific allegation against the petitoners, rather, allegation against the petitioners is general and omnibus. Further submission is that there is land dispute between the parties. Both the parties are agnates. Further submission is that the petitioners are ladies. It is also submitted that co-accused, Jitendra Kumar @ Pappu, has been granted anticipatory bail this Court by order dated 12.07.2024 passed in Cr. Misc. No. 33428 of 2023. Lastly, it is submitted that the petitioner no.1 has no criminal antecedents, whereas, petitioner no. 2 has one criminal case pending against him.
5. Learned APP as well as learned counsel for the informant has opposed the prayer for bail. It is submitted that due to assault by the accused persons the mother of the informant received grievous injury.
6. Having considered 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/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM, 1st, Nalanda at Biharsharif, in Manpur PS Case
Patna High Court CR. MISC. No.45745 of 2024(2) dt.02-08-2024 3/3 No.236 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T