Allowed

Amrita Kumari v. The State of Bihar

Patna HC15 Oct 2020CR. MISC./25025/2020

Case brief

AI extract

What is this about?

Single judge granted anticipatory bail to five petitioners apprehending arrest in a criminal case involving assault charges, subject to bond conditions and social distancing guidelines. The order noted a counter-case and injuries received by both sides.

What did the court decide?

Anticipatory bail granted subject to furnishing bail bonds of Rs. 10,000 with sureties and following lockdown guidelines.

Amrita Kumari Vs The State of Bihar — Bail and Remand | Patna HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25025 of 2020

¶2

Arising Out of PS. Case No.-301 Year-2020 Thana- MASHRAK District- Saran

¶3

======================================================

¶4

AMRITA KUMARI D/o Jitendra Singh Resident of Village- Karn Kudariya, P.S.- Mashrakh, District- Saran

¶5

Suruchi Kumari D/o Jitendra Singh Resident of Village- Karn Kudariya, P.S.- Mashrakh, District- Saran

¶6

Pramila Devi W/o Jitendra Singh Resident of Village- Karn Kudariya, P.S.Mashrakh, District- Saran

¶7

Aman Singh @ Aman Raj Singh S/o Jitendra Singh Resident of VillageKarn Kudariya, P.S.- Mashrakh, District- Saran

¶8

Jitendra Singh S/o Late Shivjee Singh Resident of Village- Karn Kudariya, P.S.- Mashrakh, District- Saran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶13

====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar Singh, Advocate For the Opposite Party/s : Dr. Mrityunjay Kumar Gautam, A.P.P. ======================================================

¶14

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

¶15

2 15-10-2020 Heard Mr. Mukesh Kumar Singh, learned counsel

¶16

for the petitioners and Dr. Mrityunjay Kumar Gautam, learned Additional Public Prosecutor appearing for the State through video conferencing.

¶17

Petitioners apprehend arrest in connection with Mashrakh P.S. Case No. 301 of 2020 registered for the offence punishable under Sections 341, 323, 307, 447, 504 and 506/34 of the Indian Penal Code, 1860.

¶18

The allegation against the petitioners is that they

¶19

Patna High Court CR. MISC. No.25025 of 2020(2) dt.15-10-2020 2/3

¶20

assaulted the informant, her son and brother-in-law ( Dewar ) by means of lathi on the issue of plucking of mango.

¶21

Learned counsel for the petitioners submits that the petitioners have not committed any offence in the manner alleged and they have falsely been implicated in this case inasmuch as both the parties are next door neighbours and there is dispute with regard to a mango orchard between them. Learned counsel further submits that there is case and counter case between the parties inasmuch as Mashrakh P.S. Case No. 322 of 2020 has been lodged by petitioner No. 3 against the informant and her other family members for an offence which has taken place on the same date and time. Learned counsel referring to Annexure-2 submits that the injuries caused to the informant and her son are simple in nature but injury caused to her brother-in-law ( Dewar ) have been kept reserved by the Doctor. Learned counsel also submits that petitioner No. 3 who is the informant of Mashrakh P.S. Case No. 322 of 2020 has also received injury and her Fard - e-beyan was recorded in the Hospital.

¶22

Having heard learned counsel for the parties and taking into consideration the materials on record and the fact that both the parties are close door neighbours and there is case

¶23

Patna High Court CR. MISC. No.25025 of 2020(2) dt.15-10-2020 3/3

¶24

and counter case between the parties, in which both sides received injuries, I am inclined to grant anticipatory bail to the petitioners.

¶25

Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioners, above named, shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Saran at Chapra, in connection with Mashrakh P.S. Case No. 301 of 2020, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

¶26

It is made clear that at the time of furnishing bails bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

¶27

(Anil Kumar Sinha, J)

¶28

S.Ali/-

¶29

U T

Amrita Kumari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Amrita Kumari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rakesh Kumar Rai Vs The State of Bihar

Mantu Kumar Vs the State of Bihar

Om Prakash Kumar Vs The State of Bihar

Surendra Shekhar @ Surendra Sekhar Vs the State of Bihar

Dipak Kumar Sahni @ Dipak Sahni Vs The State of Bihar

Vikram Singh @ Vikram Kumar Vs The State of Bihar