Priyanka Kumari @ Priyanka Devi @ Priyanka Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85799 of 2024 Arising Out of PS. Case No.-74 Year-2024 Thana- Manikpur District- Lakhisarai ====================================================== 1.
Priyanka Kumari @ Priyanka Devi @ Priyanka Kumar, D/o Adhik Saw, R/o vill - Alinagar, Nabaganj, P.S. - Surajarha, Distt.- Lakhisarai 2.
Minakshi Kumari, D/o Mahesh Saw, R/o vill - Garibnagar, P.S.- Surajgarha, Distt.- Lakhisarai 3.
Sukaranti Kumari @ Priyanka Kumari, D/o Mahesh Saw, R/o vill - Garibnagar, P.S.- Surajgarha, Distt.- Lakhisarai 4.
Mahesh Saw, S/o Late Rajendra Saw R/o vill - Garibnagar, P.S.- Surajgarha, Distt.- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mayank Bilochan, Advocate For the Opposite Party/s :
Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 13-12-2024 Heard learned counsel for the petitioners and Mr. Lalan Kumar, learned APP for the State.
2.The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Manikpur P.S. Case No. 74 of 2024 instituted for the offence under Sections 191(2), 191(3), 190, 109 and 352/3(5) of the Bharstiya Nyaya Sanhita, 2023.
3. As per prosecution case, on the alleged date and time of occurrence, all the accused persons including these petitioners being armed with bricks, stones, bamboo and lathi
Patna High Court CR. MISC. No.85799 of 2024(2) dt.13-12-2024 2/3 arrived and assaulted the informant, her husband and others, as a result of which, they sustained injuries.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. The allegation made against the petitioners is general and omnibus. There is case and counter case between the parties. Both the parties are next door neighbours and due to dispute over the passage, a free fight took place between the parties in which both sides sustained injuries. The injuries of all the injured are simple in nature except one injury of Bideshi Saw which is on the left wrist is of grievous nature. Petitioners are having no criminal antecedent. Similarly situated co-accused namely, Indu Devi has already been granted anticipatory bail by this Court vide order dated 25.11.2024 passed in Cr. Misc. No. 76746 of 2024.
5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioners.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a
Patna High Court CR. MISC. No.85799 of 2024(2) dt.13-12-2024 3/3 period of four weeks from today and in the event of their arrest or surrender in connection with Manikpur P.S. Case No. 74 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Court of C.J.M., Lakhisarai, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) lata/- U T