Beauty Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56482 of 2025 Arising Out of PS. Case No.-66 Year-2025 Thana- ISUAPUR District- Saran ====================================================== 1.
Beauty Kumari D/o- Jamadar Rai Village- Usri Kala Ps- Ishuapur DistSaran at Chapra 2.
Geeta Devi W/o- Ashok Rai Village- Usri Kala Ps- Ishuapur Dist- Saran at Chapra 3.
Lalti Devi W/o- Jamadar Rai Village- Usri Kala Ps- Ishuapur Dist- Saran at Chapra 4.
Sohan Rai @ Sohavan Rai S/o- Late Prabhu Rai Village- Usri Kala PsIshuapur Dist- Saran at Chapra 5.
Bhisham Rai S/o- Bahadur Rai Village- Usri Kala Ps- Ishuapur Dist- Saran at Chapra 6.
Kishore Rai @ Rajkishor Rai S/o- Raghunath Rai Village- Usri Kala PsIshuapur Dist- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vikalp, Advocate For the Opposite Party/s :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-09-2025 Heard Mr. Vikalp, learned counsel for the petitioner and the State.
2. The petitioners are apprehending their arrest in connection with Isuapur P.S. Case No. 66 of 2025 for the offence under sections 191(2), 190, 126(2), 115(2), 74, 109, 303(2), 352 and 351(2) of the B.N.S. lodged on 01.04.2025 by the informant, Roshni Kumari.
3. As per the prosecution story, the informant alleged
2/4 that due to previous enmity, the accused persons came to the house and started assaulting. In the process, both the informant as also the mother got injured and allegation of outraging the modesty is also there. This led to the FIR.
4. Learned counsel for the petitioners submit that there is case and counter-case, both sides have suffered, injuries have been found to be simple in nature and further, the submission is that without accepting the allegation and/or the outcome of the present petition, in view of the fact that the informant's side has alleged injuries, the petitioners on their own would like to contribute Rs. 1,000/- each (totalling Rs. 6,000/-) towards the medical assistance through Demand Draft issued by the local State Bank of India branch to be submitted before the 'NAZARAT' of concerned Court to be handed over to the informant after checking the credentials.
5. Learned APP opposes the prayer submitting that assault is on the head.
6. Taking into account the submissions of the parties as also that injuries have been found to be simple in nature and the petitioners do not have any criminal antecedent, in that background, this Court is inclined to extend them the privilege of anticipatory bail with conditions subject to payment of Rs.
3/4 1,000/- each (totalling Rs. 6,000/-) as undertaken by the learned counsel for the petitioners to be paid by Demand Draft of local State Bank of India to be submitted to the Trial Court which shall be handed over to the two injured at the rate of Rs. 3,000/- each (totalling Rs. 6,000/-).
7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, First Class, Saran at Chapra in connection with Isuapur P.S. Case No. 66 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences,
4/4 failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Adnan/- U T