Karuna Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83353 of 2024 Arising Out of PS. Case No.-67 Year-2024 Thana- DHANKUND District- Banka ====================================================== 1.

Karuna Devi Wife of Huro Singh Resident of Village- Hasai, P.S.- Dhankund, Dist.- Banka 2.

Pushpa Kumari @ Pushpa Devi Wife of Puran Singh @ Puran Kumar Resident of Village- Hasai, P.S.- Dhankund, Dist.- Banka 3.

Puran Kumar @ Puran Singh Son of Huro Singh Resident of Village- Hasai, P.S.- Dhankund, Dist.- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-12-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Petitioners apprehend their arrest in connection with Dhankund P.S. Case No.67 of 2024 instituted under Sections 126(2), 115(2), 109, 303(2), 352, 351(3), 3(5) of the Bharatiya Nyaya Sanhita.

3. As per prosecution case, while Ashish Kumar (son of the informant) was taking his sister to a doctor for treatment, brother of petitioner no.1 told him as son of daain. On protest, petitioner no.1 and co-accused Som Kumar assaulted him. When the informant came to intervene, she was also assaulted

Patna High Court CR. MISC. No.83353 of 2024(2) dt.11-12-2024 2/3 by petitioner nos.2 and 3 with lathi-danda. It is further alleged that when brother-in-law of the informant came to save, he was assaulted by petitioner no.1. Petitioner no.2 is also alleged to have committed theft of ornaments of the informant.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. There is a case and counter case between both the parties due to free fight on account of quarrel between children. The injury caused by the injured is found to be simple in nature. Petitioner no.3 has two criminal antecedents in which he is on bail, petitioner no.2 has no criminal antecedent and petitioner no.1 has one criminal antecedent in which she is on bail. They undertake to cooperate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Banka in connection with Dhankund P.S.

Patna High Court CR. MISC. No.83353 of 2024(2) dt.11-12-2024 3/3 Case No.67 of 2024, subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Harish/- U T