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2025 DAILYLAW 23112 (PAT)

Kusum Kumari @ Soni @ Kusum Soni @ Soni Kumari v. The State of Bihar

/14450/2025 · 2025-05-09

Partha Sarthy

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14450 of 2025 Arising Out of PS. Case No.-413 Year-2024 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Kusum Kumari @ Soni @ Kusum Soni @ Soni Kumari Wife of Abishek Kumar @ Abhishek @ Sardar Resident of House No 12, Beena Bhawan, Gali No. 3, P.S. - Ram Krishna Nagar, District - Patna, at Present residing at Ward No. 06, Nagarnausa, P.S. - Nagarnausa, Nalanda, Bihar, 801305 ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anupam Prabhat Shrivastava, Advocate For the Opposite Party/s : Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 5 09-05-2025 Heard learned counsel for the parties. 2. The petitioner has renewed his prayer for grant of anticipatory bail in connection with Ram Krishna Nagar P.S. Case no. 413 of 2024 registered for the offence punishable under sections 307, 379, 341, 323, 325, 504, 506 and 34 of the Indian Penal Code. 3. As per the prosecution case, over a dispute between the parties it is stated that petitioner armed with khanti along with the coaccused armed with an iron pipe are said to have assaulted Rohit leading to grievous injuries. 4. It is submitted by learned counsel for the petitioner Patna High Court CR. MISC. No.14450 of 2025(5) dt.09-05-2025 2/3 that though earlier prayer for anticipatory bail of the petitioner was rejected vide order dated 13.11.2024 (Annexure-1) passed in Cr. Misc. no. 74884 of 2024, however, subsequent thereto warrant has been issued against the petitioner who happens to be a lady. It is further submitted on merits that contrary to the statement of the police, the petitioner is ready to produce the CCTV footage to show that the petitioner is innocent. This case is a counter case of the case lodged by the petitioner’s side. There is an unexplained delay in lodging of the FIR and the injuries attributed to this petitioner have been found to be simple in nature. No case case under section 307 of the Indian Penal Code is made out. 5. The application for bail is opposed by learned APP for the State. 6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner who is said to have been given a khanti blow leading to grievous injuries together with the application for grant of anticipatory bail of the petitioner having been rejected on earlier occassion vide order dated 13.11.2024 directing the petitioner to surrender within a period of four weeks, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Patna High Court CR. MISC. No.14450 of 2025(5) dt.09-05-2025 3/3 8. The petitioner is directed to surrender in the Court below at the earliest. Bibhash/- (Partha Sarthy, J) U T