Binod Chauhan @ Binod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77194 of 2024 Arising Out of PS. Case No.-218 Year-2024 Thana- NARDIGANJ District- Nawada ====================================================== 1.

Binod Chauhan @ Binod Kumar Mahendra Chauhan Resident of villageMasaurha, P.S. Nardiganj, District-Nawada. 2.

Surendra Chauhan @ Sulendra Chauhan S/O Mahendra Chaudhan Resident of village- Masaurha, P.S. Nardiganj, District-Nawada. 3.

Guriya Devi @ Gudiya Devi W/O Binod Chauhan @ Binod Kumar Resident of village- Masaurha, P.S. Nardiganj, District-Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sumitra Devi W/O Akhilesh Kumar Resident of village- Masaurha, P.S. Nardiganj, District-Nawada.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arjun Prasad, Advocate For the Opposite Party/s :

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-11-2024 1.

Heard learned Counsel for the petitioners and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Nardiganj PS case no. 218 of 2024, disclosing offences punishable under Section 126(2) and other allied sections of the B.N.S. Act, 2023 and Section 3/4 of D.P. Act. 3.

The prosecution story, as per the First Information Report, is that marriage of the informant was solemnized with one Akhilesh Chauhan on 19.06.2019. On 17.07.2024, when the informant went to serve food to her husband, he denied to

Patna High Court CR. MISC. No.77194 of 2024(2) dt.20-11-2024 2/3 accept the food and told that he would take the food by his sister-in-law. Thereafter, petitioner no. 1, who is the brother-inlaw of the informant assaulted her with hand. It is alleged that on 18.07.2024, the maternal grandfather of the informant and other family members came for compromise but they along with informant's brother Subodh Chauhan were assaulted by accused persons including petitioner no. 1.

4.

Learned Counsel for the petitioners submits that petitioners are family members of the informant's husband and have been made accused due to marriage discord between husband and wife. Petitioners no. 1 and 2 are elder brother of informant's husband and petitioner no. 3 is her gotni i.e. wife of petitioner no. 1. All the family members have been made accused due to marriage dispute. Learned counsel further submits that injuries caused to the informant's maternal grandfather and her brother are simple in nature, as would be evident from impugned order itself.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that petitioners are family members of informant's husband and injuries caused to the victims are simple in nature, I am inclined to grant the privilege of anticipatory bail to the petitioners.

Patna High Court CR. MISC. No.77194 of 2024(2) dt.20-11-2024 3/3 6.

This application is, accordingly, allowed.

7.

Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within six weeks, be released 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.-IInd, Nawada in connection with Nardiganj PS case no. 218 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T