Rinku Devi @ Rinti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68430 of 2024 Arising Out of PS. Case No.-77 Year-2024 Thana- CHANDAUTI District- Gaya ====================================================== 1.
Rinku Devi @ Rinti Devi W/o Pintu Nat Resident of Village- Chhatubag, Police Station- Chandauti, District- Gaya 2.
Reema Devi W/o Pappu Nat Resident of Village- Chhatubag, Police StationChandauti, District- Gaya 3.
Hirday Nat S/o Ramashish Nat Resident of Village- Chhatubag, Police Station- Chandauti, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Syed Asgher Najmi, Advocate For the State :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 18-01-2025 Heard Ld. counsel for the petitioners and Ld. APP for the State.
2. The petitioners seek bail, apprehending their arrest, in connection with Chandauti P.S. Case No. 77 of 2024 dated 02.03.2024, registered for the offences punishable under Sections 341, 323, 325, 307, 379, 354, 504 and 506/34 of the Indian Penal Code.
3. As per allegation, the petitioners and other coaccused have assaulted the parents-in-law of the informant, causing injury on head of the alleged victim.
4. Ld. counsel for the petitioners submits that the
Patna High Court CR. MISC. No.68430 of 2024(3) dt.18-01-2025 2/3 Petitioners are innocent and have falsely been implicated in this case. He further submits that the alleged injury, caused on the head, is simple in nature as per medical opinion. Hence, Section 307 of the Indian Penal Code is not made and other sections are superficial in nature.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner No.1 has no criminal antecedent and petitioners No.2 and 3 have one criminal antecedent.
7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioners for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners, above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Ld. Chief Judicial Magistrate, Gaya, in connection with Chandauti P.S. Case No. 77 of 2024, subject to the conditions as
Patna High Court CR. MISC. No.68430 of 2024(3) dt.18-01-2025 3/3 laid down under Section 438 (2) Cr.P.C. and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioners. (Jitendra Kumar, J.) ravishankar/- U T