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2025 DAILYLAW 6955 (PAT)

Pradeep Kumar v. The State of Bihar

CR. MISC./45348/2026 · 2026-07-13

Satyavrat Verma

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45348 of 2025 Arising Out of PS. Case No.-159 Year-2022 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Udit Kumar Chauhan S/o Mahesh Prasad Chouhan Resident of village- Bheriya Rahika, Police station- Sahayak, katihar, District- katihar ... ... Petitioner/s Versus 1. The State of Bihar 2. Manju Devi W/o Udit Kumar Chauhan, D/o Raju Uraon R/o vill - Manoharpur, P.S. - Manihari, Distt.- Katihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajit Kumar Singh, Advocate For the Opposite Party/s : Mr.Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 3 13-07-2026 1. Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 115(2), 126(2), 352, 351(2)&(3), 118(2), 109, 74, 314 and 3(5) of the BNS, 2023. 3. Learned counsel for the petitioner submits that petitioner is person with clean antecedent and the informant alleges that on 04.12.2025 at 12:30 PM, four named accused persons including the petitioner entered her house and Sarvajeet started pulling her married daughter from the house with an intent to commit wrong, on protest, Indira assaulted her by Patna High Court CR. MISC. No.45348 of 2025(3) dt.13-07-2026 2/3 Pagahariya causing injury on head, thereafter petitioner assaulted her son (Vishal) by pagahariya causing injury on hand while Mukesh threatened with pistol, next alleges that after the death of her husband, she was living with Sarvajeet since 2016 who sold her one Bigha land for Rs. 28 lakh and had purchased a tractor, further Sarvajeet was antagonized as her daughter got married as he was harbouring ill intention against her and also disclosed that he had kept the informant in greed of her daughter. 4. Learned counsel appearing on behalf of the petitioner submits that petitioner has been falsely implicated in the instant case by the informant being brother of Sarvajeet, it is further submitted that Sarvajeet and informant were in a relationship and on account of dispute relating to money, the present false case came to be instituted against the petitioner also with an intent to force Sarvajeet into submission. 5. Learned A.P.P. for the State vehemently opposes the anticipatory bail application and submits that informant specifically alleges that the petitioner assaulted her son Vishal by pagahariya causing injury on hand, it is next submitted that from order impugned, it would manifest that the same also records the injury suffered by Vishal as fracture of proximal Patna High Court CR. MISC. No.45348 of 2025(3) dt.13-07-2026 3/3 radius and ulna and the same has been opined to be grievous in nature. It is also submitted that if petitioner was not present at the place of occurrence and has been implicated falsely in the instant case, in that event, the said fact will transpire during the course of investigation and the police will submit final form. 6. After hearing the learned counsel for the parties, the Court is in agreement with the submission made by the learned A.P.P. for the State, thus, the Court is not inclined to extend the privilege of anticipatory to the petitioner. 7. This application stands rejected. Nitesh/- (Satyavrat Verma, J) U T