Pulati Devi @ Fulwanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77191 of 2023 Arising Out of PS. Case No.-420 Year-2023 Thana- BAGHA District- West Champaran ====================================================== 1.

Pulati Devi @ Fulwanti Devi Wife Of Umesh Chauhan Resident Of Village -RATANMALA, Malahi Tola, Ps- Bagaha, Distt- West Champaran 2.

Anirudh Sahani Son Of Nirjali Sahani Resident Of Village -RATANMALA, Malahi Tola, Ps- Bagaha, Distt- West Champaran 3.

Dipu Sahani Son Of Umesh Sahani Resident Of Village -RATANMALA, Malahi Tola, Ps- Bagaha, Distt- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramendra Kumar Bharti For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 323, 307, 354(B), 324, 504 and 506/34 of the Indian Penal Code.

3. As per the prosecution case, petitioner no. 2 is alleged to have assaulted son of the informant by means of Lohbanda on other parts of his body, whereas petitioner no. 3 assaulted with spade on the head of son of informant, due to which, he sustained grievous injury, whereas petitioner no. 1 assaulted daughter of informant by means of iron rod causing simple injury to her.

Patna High Court CR. MISC. No.77191 of 2023(3) dt.05-03-2024 2/2

4. It is submitted on behalf of petitioners that on a petty dispute of pathway, an altercation took place between the parties, in which both sides sustained injury. There is case and counter case. Petitioners claim clean antecedent.

5. Considering the fact that the injury caused to son of informant by petitioner no. 3 (Dipu Sahani) has been found to be grievous in nature, his prayer for anticipatory bail is refused.

6. So far as prayer for anticipatory bail of remaining petitioners i.e. petitioner no. 1 & 2 namely Pulati Devi @ Fulwanti Devi and Anirudh Sahani are concerned, since injuries caused by them are simple in nature, in the event of their arrest/surrender within a period of six weeks from today, they are directed to be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Bagaha, West Champaran in connection with Bagaha P.S. Case No. 420 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application is, accordingly, disposed of. (Prabhat Kumar Singh, J) anay/- U T