Anjali Devi @ Anjala Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69958 of 2024 Arising Out of PS. Case No.-72 Year-2024 Thana- KHODAWANDPUR District- Begusarai ====================================================== 1.
Anjali Devi @ Anjala Devi, Wife of Kare Paswan, Resident of Village - Nurullahpur, Ward No. 02, P.S. - Khodawandpur, District - Begusarai 2.
Raushan Kumar, Son of Kare Paswan, Resident of Village - Nurullahpur, Ward No. 02, P.S. - Khodawandpur, District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Binode Bariar, Advocate For the Opposite Party/s :
Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 23-10-2024 Heard Mr. Kumar Binode Bariar, learned Advocate appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State.
2. The petitioners apprehend their arrest in connection with Khodawandpur P.S. Case No. 72 of 2024, registered for the offences punishable under Sections 341, 323, 504, 506, 307, 379, 354(A) and 34 of the Indian Penal Code.
3. It is alleged that all the FIR named accused persons including the petitioners barged into the house of the informant and started abusing and assaulting. There is a specific allegation against the petitioner no. 1 that she alongwith the wife of the petitioner no. 2 assaulted the grandson of the informant by
Patna High Court CR. MISC. No.69958 of 2024(2) dt.23-10-2024 2/3 means of lathi and danda, whereas, the petitioner no. 2 assaulted the daughter-in-law of the informant over her head, due to which she sustained serious injury.
4. Learned Advocate appearing on behalf of the petitioners contended that both the parties are next door neighbours and on account of some trifle, they entered into a free fight, resulting into injuries to persons of both the sides. There is a counter version of the present occurrence being Khodawandpur P.S. Case No. 75 of 2024, the copy of which is marked as Annexure-2 to the bail application. The injured persons were examined by the medical officers, however the injuries sustained to the injured are found to be simple in nature. In support of aforesaid submissions, the injury reports have been placed on record as Annexure 3 series. It is next contended that be that as it may, the petitioners are persons of fair antecedent and now they undertake that they will fully cooperate in the investigation of the crime and the proceeding of the Court.
5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the nature of the injury
Patna High Court CR. MISC. No.69958 of 2024(2) dt.23-10-2024 3/3 coupled with their fair antecedent and the factum of case and counter case, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Manjhaul, Begusarai in connection with Khodawandpur P.S. Case No. 72 of 2024, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioners.
(Harish Kumar, J) supratim/- U T