Chandrawati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80114 of 2025 Arising Out of PS. Case No.-33 Year-2024 Thana- KALYANPUR District- East Champaran ====================================================== 1.
Chandrawati Devi Wife of Ravindra Paswan R/o Village - Siswa Kharar, P.S. - Kalyanpur, Dist. - East Champaran.
2.
Ravindra Paswan Son of Ramdayal Paswan R/o Village - Siswa Kharar, P.S. - Kalyanpur, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvesh Kashyap, Adv.
For the Opposite Party/s :
Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 01-12-2025 Heard learned Advocate for the petitioners and learned Advocate for the State.
2. The petitioners apprehend their arrest in connection with Kalyanpur P.S. Case No.33 of 2024 registered for the offences punishable under Sections 341, 323, 324, 120B, 307, 379, 504 and 506/34 of the Indian Penal Code.
3. Allegedly, when the informant reached at the house of co-accused Jhabulal Paswan and demanded his dues, all the FIR named accused persons, including the petitioners started abusing and assaulted him. It is specifically alleged that all the accused persons, including the petitioners caught hold the informant and co-accused Ravindra Paswan assaulted the
Patna High Court CR. MISC. No.80114 of 2025(2) dt.01-12-2025 2/3 informant with lathi whereas co-accused Guddu Paswan snatched golden chain and other valuables with co-accused Anshu Paswan. There is further allegation that co-accused Jhabulal Paswan and Sri Bhagwan Ram assaulted the informant with sharp cut weapon, due to which he sustained head injury.
4. Learned Advocate for the petitioners contended that the present case is nothing but a counter blast of Kalyanpur P.S. Case No.309 of 2023 instituted by petitioner no.1 against the informant and others. It is submitted that in fact in the year 2023 itself, petitioner no.1 had instituted the afore-noted FIR, when she went to demand her dues to the informant but the same was denied and she was brutally assaulted by the informant and others. Moreover, when the police started chasing the informant and others, the present FIR has been instituted by making frivolous allegation in order to mount pressure. There is a delay in lodging of the FIR, which is also not explained. The petitioners are the persons of fair antecedent and they undertake that they will fully cooperate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application.
6. Having considered the submissions set forth by the learned Advocate for the respective parties and considering the
Patna High Court CR. MISC. No.80114 of 2025(2) dt.01-12-2025 3/3 omnibus nature of accusation against the petitioners, coupled with the fact that petitioner no.1 had earlier filed Kalyanpur P.S. Case No.309 of 2023 and the false implication of the petitioners cannot be ruled out because of enmity, inasmuch as the petitioners bear fair antecedent, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned in connection with learned Additional Chief Judicial Magistrate, Motihari, East Champaran in connection with Kalyanpur P.S. Case No.33 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioners.
(Harish Kumar, J) rohit/- U T