Pushpa Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62513 of 2024 Arising Out of PS. Case No.-708 Year-2017 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== 1.

Pushpa Pandey Wife of Nagendra Kumar Pandey Resident of Mohalla.- Nizamuddinpur, P.S.- Town, District- Jehanabad 2.

Deepak Kumar Pandey @ Deepak Pandey son of Hari Nandan Pandey Resident of Mohalla.- Nizamuddinpur, P.S.- Town, District- Jehanabad 3.

Abhishek Kumar Pandey @ Abhishek Pandey son of Hari Nandan Pandey Resident of Mohalla.- Nizamuddinpur, P.S.- Town, District- Jehanabad 4.

Rajesh Kumar Pandey@ Jacky Pandey son of Rabindra Nath Pandey village- Punjabi Mohalla, Ps- katras, Dist- Dhanbad, Jharkhand ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Renu Kumari wife of Sri Naresh Sharma Resident of Mohalla.- Nizamuddinpur, P.S.- Jehanabad Town, District- Jehanabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alexander Ashok, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 19-03-2025 In pursuance to the earlier order dated 12.02.2025, both the parties appeared with their respective counsel in Chambers proceeding.

2. Heard the parties.

3. The petitioners are apprehending their arrest in connection with Complaint Case No. 708 of 2017 for the offence under Sections 323, 307, 504 and 379/34 of the Indian

2/4 Penal Code.

4. As per the prosecution story, is that on 22.11.2017, at about 9:30 P.M., the son of the complainant namely Ankit Kumar along with his friend Sudhir Kumar was coming home and when they reached near telephone exchange office, Jehanabad, accused persons including the petitioners started assaulting her son Ankit Kumar. When Sudhir kumar intervened in that course he was also assaulted. Sudhir Kumar informed complainant about the occurrence and then she started searching her son but he was traceless. It is also alleged that she was telephonically informed that her son was in the police station where the complainant went and she came to know from Ankit Kumar that her son was assaulted mercilessly by the accused persons by means of iron rod, lathi, Danda and with fist and slap. The reason behind the occurrence is love affair between the informant's son Ankit Kumar and Richa Pandey, the daughter of the petitioner Pushpa Pandey.

5. Learned counsel for the petitioners submits that petitioners are quite innocent, committed no offence and have been falsely implicated in this case. He also submits the present complaint case has been filed by the complainant just to save her son as her son Ankit Kumar was caught red handed while

3/4 committing theft in the house of petitioner Pushpa Pandey, for which Jahanabad Town P. S. Case No. 810 of 2017 has been instituted. For the same set of allegations son of the present complainant Ankit Kumar has also lodged Jehanabad Town P. S. Case No. 811 of 2017.

6. Learned Additional Public Prosecutor opposes the prayer of anticipatory bail.

7. During course of argument learned counsel for the both the parties jointly submits that so many cases are going on between the parties. Present case has been amicably settled and the complainant's son, Ankit Kumar has solemnized marriage with daughter of petitioner no. 1 (Richa Pandey). The alleged occurrence took place due to love affair between Ankit Kumar and Richa Pandey since long. Now the matter has been settled and there is no dispute between the parties. They also submit that no significant injury was caused on any vital part of the injured.

8. Keeping in view the aforesaid facts, let the petitioners be enlarged on anticipatory bail in the event of arrest or surrender within a period of four weeks from the receipt/production of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount

4/4 each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Complaint Case No. 708 of 2017 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(S. B. Pd. Singh, J) prabhakar/- U T