Rajani Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66425 of 2025 Arising Out of PS. Case No.-393 Year-2024 Thana- GURUA District- Gaya ====================================================== 1.
Rajani Kumari Arjun Ram @ Arjun Das Resident of Village - Nadiyawa, P.S. - Gurua District - Gaya.
2.
Lalmuni Devi W/o Arjun Ram @ Arjun Das R/o Village - Nadiyawa, P.S. - Gurua, Dist. - Gaya.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Siddharth Harsh, Advocate For the Opposite Party/s :
Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-09-2025 Heard Mr. Siddharth Harsh, learned counsel for the petitioners and the State.
2. The petitioners are apprehending arrest in connection with Gurua P.S. Case No. 393 of 2024 instituted under Sections 103, 191(2), 190, 127(1), 115(2), 109, 118(1), 117(2), 74, 352, 351(2) of the Bhartiya Nayay Sanhita, 2023 lodged on 29.11.2024 by the informant, Rambali Das.
3. As per the prosecution story, the informant alleged that on 26.11.2024, the accused persons due to land dispute, came armed variously and started assaulting after the abuse. The allegation is that on the order of Kamlesh Das and Arjun Das,
2/4 Nilkamal Kumar gave Farsa blow on the informant's head causing injury which followed the 'lathi' blow by Suryamania Devi causing fracture in his hand. When the brother, Rameshwar Das came to rescue, Rajkamal Kumar and Amit Kumar gave rod blow on the head causing injury and he became unconscious. Further, Sintu Kumar, Rajwanti Devi assaulted the son, Rabindra Kumar while Babita Kumar, Suman Kumari and Rajani Kumari resorted to bricks which caused injury to Vikash Kumar. They were shifted to the Hospita and then the FIR.
4. Learned counsel for the petitioners submit that both are ladies, allegation of using bricks is there, the injury of Vikash Kumar has been found to be simple in nature and they do not have criminal antecedent.
5. Learned APP opposes the prayer stating that all the family members assaulted the informant's side.
6. Considering the aforesaid facts as also that the petitioners are ladies having no criminal antecedent and the injuries inflicted have been found to be simple in nature, this Court is inclined to extend them the privilege of anticipatory bail.
7. Let the petitioners be released on bail, in the event of their arrest or surrender before the concerned court within a
3/4 period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Gurua P.S. Case No. 393 of 2024 to the satisfaction of learned J.M.1st Class, Sherghati, Gaya subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member of the petitioners who shall provide official document to show his/her 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 their bail bond by the Trial Court itself;
(iii) the petitioners shall co-operate in the investigation and make themselves available to the police as and when required;
(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
4/4 to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Ravi/- U T