Kalpana Devi @ Kalpana Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58966 of 2022 Arising Out of PS. Case No.-294 Year-2021 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== 1.

KALPANA DEVI @ KALPANA KUMARI Wife of Rabisan Yadav Resident of village- Masti Fatehpur, P.S- Mufassil, District- Begusarai. 2.

Ravindra Yadav @ Rabindra Yadav Son of Late Anil Yadav Resident of village- Masti Fatehpur, P.S- Muffasil, District- Begusarai. 3.

Dharmendra Yadav Son of Late Anil Yadav Resident of village- Masti Fatehpur, P.S- Muffasil, District- Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Kanchan Kumari D/O Arun Yadav Resident of village- Masti Fatehpur, P.SMuffasil, District- Begusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-02-2023 At the outset, learned counsel for the petitioners seeks permission to make correction in paragraph-1 of the bail petition.

Permission is granted.

Learned counsel for the petitioners is directed to make correction in paragraph-1 of the bail petition in course of the day.

Heard both sides.

The petitioners apprehend their arrest in connection with Complaint Case No.294C of 2021, registered for the

Patna High Court CR. MISC. No.58966 of 2022(3) dt.16-02-2023 2/3 offences punishable under Sections 323, 341 and 354/34 of the Indian Penal Code.

As per complaint petition, the petitioners are said to have surrounded the complainant and Kalpana Devi, petitioner no.1 dashed her by holding her hair. Petitioner, Dharmendra Yadav assaulted on her stomach with leg. Petitioner No.2, Ravindra Yadav assaulted the complainant with lathi causing injury to her. The accused persons torn the saree and blouse of the complainant. It is also alleged that all accused persons assaulted the complainant in her stomach causing abortion. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. Petitioner No.1 has got two criminal antecedent, petitioner no.2 has got three criminal antecedents and petitioner no.3 has got two criminal antecedents as stated in paragraph-3 of the bail petition. It is further submitted that the learned court below has taken cognizance against the petitioners under Sections 323, 341, 354 and 34 of the Indian Penal Code. It is submitted that the complainant has not filed any paper with regard to her treatment.

Learned APP for the State as well as learned counsel for the complainant opposed the prayer for grant of anticipatory

Patna High Court CR. MISC. No.58966 of 2022(3) dt.16-02-2023 3/3 bail to the petitioners.

Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai in connection with Complaint Case No.294C of 2021, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) S.KUMAR/- U T