Madhuvendra @ Madhuvendra Kumar @ Madhu Bendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61596 of 2025 Arising Out of PS. Case No.-285 Year-2025 Thana- NAUBATPUR District- Patna ====================================================== 1.
Madhuvendra @ Madhuvendra Kumar @ Madhu Bendra Kumar S/o Govind Singh @ Gobind Singh R/o - Sohra, P.O - Kanchanpur, P.S - Naubatpur, District - Patna 2.
Saroj Kumar S/o Govind Singh @ Gobind Singh R/o - Sohra, P.O - Kanchanpur, P.S - Naubatpur, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar, Advocate For the Opposite Party/s :
Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-09-2025 Heard learned Counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Naubatpur P.S. Case No. 285 of 2025 for the offence registered under sections 329(3), 126(2), 115(2), 109, 75, 303(2), 352, 351(2) and 3(5) of the B.N.S. lodged on 13.05.2025 by the informant, Minni Kumari.
3. As per the prosecution story, the informant alleged that while discharging her homework, the accused persons came and started abusing. Upon protest, the allegation is that the petitioner hit on the face causing injury on the nose and the eyes. She was shifted to Referral Hospital Naubatpur and then
2/4 to Patna Medical College Hospital, which followed the FIR.
4. Learned Counsel for the petitioners submit that the petitioners are the own uncles of the injured, minor scuffle took place, there was no intention to hit on the face, both petitioners do not have criminal antecedent and further being belonging to the same family, they have resolved the dispute, in that background, sending him to jail will affect the family relationship. The last submission is that without accepting the allegation and/or the outcome of the present petition in view of the fact that the informant side has alleged injuries, the petitioners, both being the uncle, want to contribute to their niece @ Rs. 12,500/- each (totaling Rs. 25,000/-) on its own 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 for the State, on the other hand, opposes the prayer for anticipatory bail submitting that the injury is on the nose and the eyes.
6. Though the allegation is there, both belong to the same family, have come to an amicable settlement, FIR is there, the petitioners shall be facing the music, in that background, this
3/4 Court is inclined to grant him the anticipatory bail with conditions subject to payment of Rs. 12,500/- each (totaling Rs. 25,000/-) to the informant 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.
7. Let the petitioners in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. VI, Danapur in connection with Naubatpur P.S. Case No. 285 of 2025, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioners, who shall provide official document to show his 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 his bail bond by the Trial court itself;
(iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark
4/4 attendance;
(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioners shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Raj Ranjan/- U T