Chandani Kumari @ Krishna Kumari @ Karishma Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80313 of 2024 Arising Out of PS. Case No.-205 Year-2024 Thana- NEMDARGANJ District- Nawada ====================================================== 1.
Chandani Kumari @ Krishna Kumari @ Karishma Kumari D/o Mishri Chauhan @ Mishtri Chauhan Resident of village- Lodipur, P.S. Nemdarganj, District-Nawada.
2.
Gajadhar Kumar S/o Shyam Sundar Prasad Resident of village- Lodipur, P.S. Nemdarganj, District-Nawada.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arjun Prasad For the Opposite Party/s :
Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-12-2024
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Nemdarganj Police Station Case No. 205 of 2024, dated 25.06.2024, disclosing offences punishable under Sections 147/148/149/323/324/325/326/341/307 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 24.06.2024, at about 6 PM, co-accused Kundan Kumar and Radhey Shyam Kumar came to the house of the informant and started abusing him and when objected, the petitioners, along with other family members, namely,
Patna High Court CR. MISC. No.80313 of 2024(2) dt.09-12-2024 2/3 Mishri Chauhan, Ajay Kumar, Banti Devi and Sunaina Devi came there and started assaulting him and other family members of the informant. It has further been alleged that co-accused Mishri Chauhan assaulted father of the informant by means of khanti and co-accused Radhe Shyam Kumar assaulted the informant by lathi. It has also been alleged that the petitioner no. 1 poured hot water on the mother and brother of the informant, due to which they received serious burn injuries.
4. Learned Counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case due to previous enmity and land dispute. He further submits that a counter case has been lodged by the side of the petitioners, bearing Nemdarganj Police Station Case No. 209 of 2024 against the informant and others. He further submits that the brother and mother of the informant have sustained injuries, which are simple in nature. He also submits that there is no specific allegation against the petitioner no. 2.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the injuries sustained by the brother and mother of the
Patna High Court CR. MISC. No.80313 of 2024(2) dt.09-12-2024 3/3 informant is simple in nature and there is no specific allegation against the petitioner no. 2, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Nemdarganj Police Station Case No. 205 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √