Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57400 of 2025 Arising Out of PS. Case No.-236 Year-2021 Thana- MADHUBAN District- East Champaran ======================================================
1. Prem Prasad S/o- Ram Swaroop Bhagat Village- Sawangia Ps- Madhuban Dist- East Champaran
2. Minu Devi W/o- Chandrika Prasad Village- Sawangia Ps- Madhuban Dist- East Champaran
3. Sanjana Devi W/o- Tejan Prasad Village- Sawangia Ps- Madhuban Dist- East Champaran
4. Manju Devi W/o- Prem Prasad Village- Sawangia Ps- Madhuban Dist- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Mr. Hemant Ray, Advocates For the Opposite Party/s : Mr. Tarun Prasad Mandal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 02-09-2025 Heard learned counsel for the petitioners and the State. 2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 354(B), 504/34 of the Indian Penal Code. 3. As per prosecution case, on 22.07.2021 at about 4:15 PM, when informant was alone in the house, all the F.I.R. named accused persons, including these petitioners, armed with dabiya, farsa, gadasa, rod, entered the house and started abusing her. Thereafter, it is alleged that petitioner no. 1
Patna High Court CR. MISC. No.57400 of 2025(2) dt.02-09-2025 2/3 wrapped towel around her neck and co-accused Vikash Kumar disrobed her. When husband and other family members of the informant came to rescue her, they were also assaulted by the accused persons. 4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. Both parties are agnates and due to land dispute, altercation took place between them. Allegation of assault is general and omnibus and there is no specific allegation of overt act against these petitioners. Injuries sustained by the injured are simple in nature. F.I.R. has been lodged after inordinate delay of four days which itself raises doubt over veracity of the prosecution case. Petitioners claim clean antecedent. 5. Learned A.P.P. for the State vehemently opposed the bail application. 6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class,
Patna High Court CR. MISC. No.57400 of 2025(2) dt.02-09-2025 3/3 Sadar Motihari, East Champaran in connection with Madhuban P. S. Case No. 236 of 2021, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Navya/- (Prabhat Kumar Singh, J) U T