Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74886 of 2024 Arising Out of PS. Case No.-52 Year-2024 Thana- OBRA District- Aurangabad ====================================================== 1.

Pintu Kumar S/o Dhanesh Paswan 2.

Chhotu Kumar S/o Jibodhan Paswan Both are R/o Village- Tejpura, PS- Obra, District- Aurangabad ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Rupa Kumari, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-01-2025

1. Heard learned counsel for the parties.

2. The petitioners in this application pray for bail apprehending their arrest in connection with Obra P.S. Case no.52 of 2024 registered for the offence punishable under sections 307, 341, 342, 323, 325, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that the accused persons including the two petitioners herein started to abuse and assault the family members of the informant. On protest by the informant, it is stated that Rajesh Kumar struck him on the head with an iron rod followed by the two petitioners assaulting the informant's wife and his daughterin-law with a lathi causing injuries.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. The

Patna High Court CR. MISC. No.74886 of 2024(4) dt.10-01-2025 2/2 manner of occurrence is other than what has been narrated in the FIR. It has not been stated as to on what part of the body did the two petitioners assault. The petitioners have no criminal antecedent.

5. The application for bail is opposed by learned A.P.P. for the State who submits in reference to the order of the learned Court below that there is direct allegation of assault by the two petitioners and corresponding injuries have been found on the body of the wife and daughter-in-law of the informant.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioners in the FIR together with the corresponding injuries showing fracture of right index finger as also fracture of lower end of left ulna having been found on the body of the injured ladies, the Court is not inclined to enlarge the petitioners on anticipatory bail and the application is rejected.

7. The petitioners are directed to surrender in the learned Court below within a period of four weeks. (Partha Sarthy, J) Saurabh/- U T