Partly allowed¶29

Kundan Kumar v. The State of Bihar

Patna HC19 Jul 2024CR. MISC./22147/2024

Case brief

AI extract

What is this about?

Keywords: anticipatory bail; Section 438(2) Cr.P.C.; Patna High Court; CRIMINAL MISCELLANEOUS No.22147 of 2024; Satyavrat Verma, J; Bachhwara P.S. Case No.92 of 2023; Begusarai; Sections 341, 323, 448, 307, 504, 34 IPC; assault on daughter Hema; grievous head injury; general and omnibus allegation; woman accused; clean antecedent; land dispute between agnates; cross cases Bachhwara P.S. Case No.154 of 2022 and No.91 of 2023; bail-bond Rs.10,000 with two sureties; Chief Judicial Magistrate Begusarai; six weeks to surrender; application allowed partly.

What did the court decide?

Anticipatory bail granted to petitioner no.2 (Nilam Devi) only, subject to the conditions under Section 438(2) Cr.P.C.; refused to petitioner no.1. ¶29

Kundan Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted to petitioner no.2 (Nilam Devi) only, subject to the conditions under Section 438(2) Cr.P.C.; refused to petitioner no.1.

¶29

Issue for consideration

Whether the petitioners (nos. 1 and 2) are entitled to anticipatory bail in connection with Bachhwara P.S. Case No.92 of 2023.

¶17

Court's answer

The Court declined to extend the privilege of anticipatory bail to petitioner no.1 (Kundan Kumar).

¶26

Ratio / Principle

Petitioner no.2 (Nilam Devi), in the event of her arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on anticipatory bail on furnishing bail-bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Begusarai, in connection with Bachhwara P.S. Case No.92 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

¶26

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court, CRIMINAL MISCELLANEOUS No.22147 of 2024 (order dt.19-07-2024, Satyavrat Verma, J): a mother and son sought pre-arrest bail in Bachhwara P.S. Case No.92 of 2023 (offences punishable under Sections 341, 323, 448, 307, 504 and 34 of the IPC), arising from an alleged assault on 18.03.2023 on the informant's daughter Hema by rod and lathi causing a grievous head injury. Noting petitioner no.1's antecedent of one case, the Court refused him anticipatory bail. Petitioner no.2 - a woman with clean antecedents, mother of petitioner no.1, allegedly falsely implicated on account of a land dispute between agnates, with cross-litigation reflected in Bachhwara P.S. Cases Nos.154 of 2022 and 91 of 2023 - was directed to be released on anticipatory bail upon her arrest or surrender within six weeks, on bail-bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, subject to the conditions under Section 438(2) of the Cr.P.C. Application allowed partly.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22147 of 2024

¶2

Arising Out of PS. Case No.-92 Year-2023 Thana- BACHHWARA District- Begusarai

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

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Kundan Kumar S/o Pramod Rai Resident of Village Bhikhamchak, Naipur, Police Station Bachhwara, District Begusarai.

¶5

Nilam Devi W/o Pramod Rai Resident of Village Bhikhamchak, Naipur, Police Station Bachhwara, District Begusarai.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶10

====================================================== Appearance : For the Petitioner/s : Mr.Pratik, Advocate For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP

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

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

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ORAL ORDER

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3 19-07-2024

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Heard learned counsel for the petitioners as well as

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learned APP for the State.

¶17

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341, 323, 448, 307, 504 and 34 of the IPC in connection with Bachhwara P.S. Case No.92 of 2023.

¶18

Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of one case, and petitioner no.2 is a person with clean antecedent and is a women.

¶19

Patna High Court CR. MISC. No.22147 of 2024(3) dt.19-07-2024 2/4

¶20

It is next submitted that petitioner no.2 is mother of petitioner no.1 and has been falsely implicated in the instant case by the informant on account of dispute relating to land being agnates. It is further submitted that informant alleges that on 18.03.2023 the accused persons including the petitioners came and assaulted his daughter Hema by rod and lathi, causing injury on her head. Thereafter, other accused persons came and assaulted the informant, his wife and his son, further Hema was taken to PHC from where she was referred to Begusarai Sadar Hospital.

¶21

The learned counsel submits that petitioners have been falsely implicated in the instant case. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that the allegation of assault is also general and omnibus in nature, though it is alleged that the petitioners along with Ritesh assaulted Hema by iron rod and lathi, all over her body, causing injury but then from perusal of the injury report it would manifest that Hema suffered one injury on head, but then the said injury is grievous. It is further submitted that petitioner no.2 had earlier instituted Bachhwara P.S. Case No.154 of 2022 against the informant and his side and the informant of the instant case on 29-06-2022 had come to the house of the

¶22

Patna High Court CR. MISC. No.22147 of 2024(3) dt.19-07-2024 3/4

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petitioners and had threatened the petitioner no.2 to withdraw the case, failing which consequences would follow and when she objected the petitioner no.2 along with her family member were assaulted for which Bachhwara P.S. Case No.91 of 2023 was instituted.

¶24

It is also submitted that petitioner no.2 is a women and has been implicated in the instant case only with a view to coerce her sons into submission.

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The learned APP opposes the anticipatory bail application and submits that the allegation of assault may not be specific but then the informant alleges that Kundan, Ritesh along with this petitioner assaulted Hema causing injury on head and the injury has been found to be grievous.

¶26

Considering the submissions made by the learned APP the Court is not inclined to extend the privilege of anticipatory bail to petitioner no.1, however, the petitioner no.2 in the event of her arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Bachhwara P.S. Case

¶27

Patna High Court CR. MISC. No.22147 of 2024(3) dt.19-07-2024 4/4

¶28

No.92 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

¶29

The anticipatory bail application is allowed partly.

¶30

(Satyavrat Verma, J)

¶31

Prakash Narayan U T

Kundan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Kundan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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