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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84168 of 2024 Arising Out of PS. Case No.-31 Year-2024 Thana- KHIJARSARAI District- Gaya ======================================================
1. Bugli Devi Wife of Surendra Yadav Resident of Village- Pachoi, P.S.- Khizersarai, Distt.- Gaya
2. Ankit Kumar Son of Surendra Yadav Resident of Village- Pachoi, P.S.- Khizersarai, Distt.- Gaya ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rabia Gulnaz, Adv. For the Opposite Party/s : Mr.Ajit Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 3 10-01-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Khizersarai P.S. Case No. 31 of 2024 dated 01.02.2024 instituted for the offence punishable under Sections 147, 148, 149, 341, 323, 325, 307, 379, 504 & 506 of the Indian Penal Code.
3. The prosecution case, in short, is that on the alleged date and time of occurrence, the petitioners along with other accused persons armed with lathi-danda, khanti and rod came to the field of the informant and started abusing him and his family members. It is alleged that petitioner No.2, namely, Ankit
Patna High Court CR. MISC. No.84168 of 2024(3) dt.10-01-2025 2/3 Kumar assaulted with khanti causing head injury to the informant. Allegation against the petitioner no.1 is that she along with other accused persons assaulted the informant and his family members with lathi-danda.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that there is allegation against the petitioner No.2, namely Ankit Kumar of assaulting the informant by means of khanti causing head injury. The doctor opined the injury to be grievous in nature, which is attributed to the petitioner No.2.
5. On the other hand, learned A.P.P. for the State has opposed the prayer for bail. It is submitted that there is specific allegation against the petitioner No.2 of assaulting the informant by means of khanti causing head injury.
6. Since there is direct allegation against petitioner No.2 of assaulting the informant causing head injury which is vital part of the body and the nature of injury is grievous, this Court is not inclined to extend the privilege of anticipatory bail to petitioner No.2, namely, Ankit Kumar. The prayer for bail is rejected.
7. So far petitioner No.1, namely, Bugli Devi is
Patna High Court CR. MISC. No.84168 of 2024(3) dt.10-01-2025 3/3 concerned, there is no specific allegation against her rather the allegation is general and omnibus in nature. Further, the other co-accused of this case, namely, Babita Devi, Dhanushdhari Yadav @ Dhanudhari Yadav and Prasidh Kumar @ Prasidh Yadav have been granted anticipatory bail by this Court vide
order dated 11-09-2024 passed in Cr Misc. No. 58927 of 2024. Lastly, it has been submitted that the petitioner has no criminal antecedents.
8. Let petitioner No.1, namely, Bugli Devi in the event of her arrest or surrender before the Court below within six weeks from today, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM Gaya, in Khizersarai P S Case No. 31 of 2024 , subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
9. The application stands partly allowed.
shyambihari/- (Khatim Reza, J) U