Rajesh Kumar Noniya @ Rajesh Kumar Nunia v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58717 of 2024 Arising Out of PS. Case No.-24 Year-2024 Thana- SIMRA District- Aurangabad ====================================================== Rajesh Kumar Noniya @ Rajesh Kumar Nunia Son of Late Dharmu Noniya Resident of Village- Ajaniya, P.S- Simra, Distt.- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Singh, Advocate For the Opposite Party/s :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Simra PS Case No. 24 of 2024 dated 02-06-2024 instituted for the offence punishable under Sections 341,323, 354B, 447, 504 & 506 of the Indian Penal Code and Sections 3 and 4 of the Prevention of Witch Practices Act.
3. The prosecution case in short is that on 30-05-2024 the informant's co-villager, namely, Rajesh Kumar Noniya (petitioner) armed with lathi came at the house of the informant and started abusing her by saying her a witch. On protest, it is alleged the petitioner started assaulting her with lathi. On hulla, the informant's daughter-in-laws, namely, Basanti Devi and Soni Devi came to rescue her, but petitioner assaulted them and
Patna High Court CR. MISC. No.58717 of 2024(2) dt.11-09-2024 2/3 tried to outrage their modesty and also torn their clothes. When the informant raised alarm, petitioner threatened her and fled away.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that husband of the informant and petitioner are full brothers. It is submitted that informant's family and petitioner's family both are residing in a joint house and after the death of petitioner's father, namely, Dharmu Noniya, the dispute arose between the families of two brothers with regard to their share in the house as well as with regard to their ancestral property. It is submitted that petitioner filed application for correction in the Demand Register on 12-07-2022. It is next submitted that on the date of alleged occurrence, dispute arose in between members of both the families on petty issue during which female members of both sides have sustained simple injury.
It is also submitted that petitioner is a chronic kidney patient for which he is under regular treatment of Christian Medical College, Vellore, Tamil Nadu. The petitioner used to go to the hospital at Vellore regularly since February, 2022. Lastly, it has been submitted that petitioner has no criminal antecedents.
Patna High Court CR. MISC. No.58717 of 2024(2) dt.11-09-2024 3/3
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Simra PS Case No. 24 of 2024 petitioner shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM Aurangabad, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) shyambihari/- U T