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2025 DAILYLAW 89005 (PAT)

Rishu Kumari v. The State of Bihar

CR. MISC./90245/2024 · 2025-04-19

Khatim Reza

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.90245 of 2024 Arising Out of PS. Case No.-121 Year-2024 Thana- LAUKAHA District- Madhubani ====================================================== 1. Rishu Kumari, D/o Rasdev Singh Mait, R/o village - Ekamma , P.S.- Laukaha ,District - Madhubani 2. Runa Devi, Wife of Rasdev Singh Mait R/o village - Ekamma , P.S.- Laukaha ,District - Madhubani 3. Chandan Kumar, Son of Rasdev Singh Mait, R/o village - Ekamma , P.S.- Laukaha ,District - Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gagandeo Yadav, Advocate Mr. Vinod Kumar, Advocate Mr. Udeshya Kr. Yadav, Advocate Mr. Ravi Prakash, Advocate For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP, ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 3 19-04-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend arrest in connection with Laukaha P.S. Case No. 121 of 2024 dated 11.06.2024 instituted for the offence punishable under Sections 341, 323, 324, 325, 307, 379, 504/34 of the Indian Penal Code. 3. The prosecution case, in short, is that sister-in-law (Nanad) of the informant used to talk on mobile phone with her brother-in-law (Jija), which was protested by the informant. On the alleged date of occurrence, the informant protested the same Patna High Court CR. MISC. No.90245 of 2024(3) dt.19-04-2025 2/3 upon which her Nanad tied to scarf around the informant’s neck. It is alleged that her father-in-law assaulted the informant by means of iron rod due to which she sustained injury in her right hand. Allegation against petitioner no. 3 is that he dragged the informant on the ground and assaulted by means of lathi, due to which her right leg got fractured. It is further alleged that petitioner no. 2 snatched her Mangalsutra. 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 petitioner nos. 1, 2 & 3 are sister-in-law (Nanad), mother-in-law and brother-in-law (Devar). Allegation against petitioner no. 1 & 2 are general and omnibus. Allegation against Chandan Kumar is that he assaulted the informant with lathi. Lastly, it has been submitted that petitioners have two criminal cases against them which were lodged by this informant. 5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners. It is submitted that there is specific allegation of assault by means of lathi-danda by petitioner no. 3 on the informant who sustained two grievous injuries. The injury report also corroborates the prosecution story. Patna High Court CR. MISC. No.90245 of 2024(3) dt.19-04-2025 3/3 6. Since there is specific allegation of assault against petitioner no. 3, Chandan Kumar, I am not inclined to grant anticipatory bail to him. 7. Accordingly, the prayer for anticipatory bail on behalf of the petitioner no. 3 stands rejected. 8. So far petitioner nos. 1 & 2 is concerned, having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner nos. 1, namely, Rishu Kumari and petitioner no. 2, namely, Runa Devi within a period of six weeks from today, in connection with Laukaha P.S. Case No. 121 of 2024, they will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Jhanjharpur subject to condition as laid down under Section 438(2) of the Cr.P.C. premchand/- (Khatim Reza, J) U T