Taleshwar Marandi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2861 of 2025 Arising Out of PS. Case No.-67 Year-2024 Thana- Madhubani T District- Purnia ====================================================== 1.
Taleshwar Marandi S/o Sukhdev Marandi R/o Mohalla- Pradhan Tola, Madhubani, P.S.- Madhubani, District- Purnea 2.
Meena Murmu W/o Taleshwar Marandi R/o Mohalla- Pradhan Tola, Mdhubani, P.S.- Madhubani, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Ajit Ranjan Kumar, Advocate For the State :
Mr. Rajendra Singh Shastri, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-04-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 329(4), 326(g), 109(1), 115(2), 352, 351(2) and 3(5) of the B.N.S. and Section 27 of the Arms Act.
3. As per prosecution case, informant, namely Barki Marandi, alleged that on 15.08.2024 while she was sleeping with her son, in the meantime, Petitioner No. 1, who happens to be her nephew, along with his two associates, called her outside the room and when she didn't respond, they set the room on fire by sprinkling petrol through the window and firing gun shots. It
Patna High Court CR. MISC. No.2861 of 2025(4) dt.30-04-2025 2/3 is further alleged that a week prior to the alleged occurrence, Petitioner No. 1 and his wife (Petitioner No. 2) had assaulted and threatened her to hand over her house and land to them or they would burn her and her son alive.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent. As a matter of fact, both parties are agnates and on account of land dispute, a scuffle took place between both the parties. There is no specific accusation against Petitioner No. 2 and she has been made an accused in this case merely because she happens to be wife of Petitioner No. 1. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the specific and direct nature of accusation, the prayer for grant of anticipatory bail to Petitioner No. 1 is rejected.
7. So far as Petitioner No. 2 is concerned, considering the general and omnibus nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to Petitioner No. 2 is allowed.
8. Accordingly, in the event of arrest/surrender within
Patna High Court CR. MISC. No.2861 of 2025(4) dt.30-04-2025 3/3 a period of eight weeks from today, let the above named Petitioner No. 2 be enlarged 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, Purnea in connection with Madhubani P.S. Case No. 67 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S..
9. With the aforesaid directions, this application stands disposed of.
(Prabhat Kumar Singh, J) shashank/- U T