Mantu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48758 of 2025 Arising Out of PS. Case No.-318 Year-2025 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Kharaha Chaudhary @ Ramdev Chaudhary S/o Harichan Chaudhary R/o Village- Mira Bigha, P.S.- Tehta, District- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 49251 of 2025 Arising Out of PS. Case No.-318 Year-2025 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.
Mantu Kumar S/o Kharaha Chaudhary @ Ramdev Chaudhary R/o vill - Mira Bigha, P.S.- Makhdumpur (Tehta), Distt.- Jehanabad 2.
Sukhala Chaudhary S/o Shivrat Chaudhary R/o vill - Mira Bigha, P.S.- Makhdumpur (Tehta), Distt.- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 48758 of 2025) For the Petitioner/s :
Mr.Priyesh Kumar For the Opposite Party/s :
Ms.Madhuri Lata (In CRIMINAL MISCELLANEOUS No. 49251 of 2025) For the Petitioner/s :
Mr.Priyesh Kumar For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-08-2025
1. Heard the parties.
2. Since both the aforesaid bail applications arise out of the
2/4 same F.I.R. as such both are taken up together and are being disposed of by this common order.
3. The petitioners apprehend their arrest in connection with Makhdumpur P.S. Case No. 318 of 2025 dated 12.05.2025 registered under Sections 191(2), 126(2), 115(2), 74, 303(2), 117(2), 109, 352, 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023.
4. As per the F.I.R. on 11.05.2025 at about 07:00 P.M. when the informant's aunt was preparing cow dung cake in the house in the meanwhile petitioners and other accused persons entered into the house, abused them and when protested, they assaulted the informant. The petitioner- Kharaha Chaudhary in Cr. Misc. No. 48758 of 2025 thereafter tried to outrage the modesty of the informant's wife by dragging her scarf and when the informant came to save he was also assaulted by the petitionerKharaha Chaudhary with iron rod on his right hand as a result of which his right hand got fractured. The co-accused persons also pelted bricks causing head injury to the informant's daughter / Naziya Khatoon.
5. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case due to previous enmity between the parties. Both the parties are next door neighbours. A
3/4 counter case has also been lodged by the side of the petitioners bearing SC / ST Jehanabad P.S. Case No. 13 of 2025. Referring to the injury report learned counsel submits that informant has sustained grievous injury having fracture at the base of fifth metacarpal which is non vital part of the body and the injury caused to Naziya Khatoon (daughter of the informant) is simple in nature. No apparent injury has been caused to Ladli Khatun (aunt of the informant).
6. Regard being had to the submission made by the parties, taking into consideration the fact that both the parties are next door neighbours, case and counter case is there, injury sustained by the informant though grievous in nature but on non vital part of the body near the base of fifth metacarpal and allegation against other petitioners is general and omnibus in nature, accordingly, I am inclined to grant anticipatory bail to the petitioners.
7. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Jehanabad in connection
4/4 with Makhdumpur P.S. Case No. 318 of 2025 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023.
(Anil Kumar Sinha, J) praful/- U T