Dharmendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76751 of 2025 Arising Out of PS. Case No.-331 Year-2025 Thana- NOORSARAI District- Nalanda ====================================================== 1.
Dharmendra Kumar S/o- Janki Prasad R/v- Prahald Nagar Ps- Noorsarai Dist- Nalanda 2.
Rekha Devi W/o- Dharmendra Kumar R/v- Prahald Nagar Ps- Noorsarai Dist- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Shalu Sinha, Advocate.
For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh, APP For the Informant : Mr. Brajesh Tiwary, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-12-2025
1. Heard learned counsel for the petitioners Ms. Shalu Sinha, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 329(3), 329(9), 115(2), 117(2), 109, 352, 351(2) and 3(5) of the B.N.S., 2023.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner no.2 is a woman and the informant alleges that on account of dispute relating to construction of drainage, the petitioners entered his house at 10.30 A.M. on 09.06.2025 and petitioner no.1 assaulted
Patna High Court CR. MISC. No.76751 of 2025(2) dt.01-12-2025 2/3 him by an iron rod causing injury on head and petitioner no.2 assaulted his wife causing injury on head.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that on account of dispute relating to construction of drainage an altercation took place in which both side assaulted each other. It is also submitted that even presuming what has been alleged is true without admitting then the allegation of assault was not repeated and the injury suffered by the injured has been opined to be simple in nature and petitioners are not criminals.
5. Learned A.P.P. for the State and the learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioners but then are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioners that the blow was not repeated and the injury has been opined to be simple and petitioners are not criminals.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below
Patna High Court CR. MISC. No.76751 of 2025(2) dt.01-12-2025 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Noorsarai P.S. Case No.331/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
(Satyavrat Verma, J) amit/- U T