Allowed¶26

Sundeshwar Kumar v. the State of Bihar

Patna HC5 Mar 2024CR. MISC./80817/2023

Case brief

AI extract

What is this about?

Anticipatory bail allowed by Patna High Court (Khatim Reza, J.) on 05-03-2024 in Criminal Miscellaneous No. 80817 of 2023 (Sundeshwar Kumar & others v. State of Bihar) arising out of Mushahari P.S. Case No. 127 of 2023, Muzaffarpur, under Sections 341/323/307/354/447/448/504/506-34 IPC; release directed upon surrender/arrest within six weeks on bonds of Rs. 10,000/- each with two sureties, subject to Section 438(2) Cr.P.C.; counter-case Complaint No. 1538 of 2023 and injury-report discrepancy urged by defence.

What did the court decide?

Anticipatory bail: upon arrest/surrender within six weeks, petitioners to be released on bail bonds of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned JM 1st Class, Muzaffarpur or appropriate Court below, subject to Section 438(2) Cr.P.C. conditions.

Sundeshwar Kumar Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, who apprehend arrest in Mushahari P.S. Case No. 127 of 2023, are entitled to be released on anticipatory bail.

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Court's answer

In the event of the petitioners' arrest or surrender within six weeks, they shall be released on anticipatory bail in connection with Mushahari P.S. Case No. 127 of 2023.

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Ratio / Principle

The anticipatory bail release is conditional on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned JM 1st Class, Muzaffarpur or appropriate Court below, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court (Khatim Reza, J.), Crl. Misc. No. 80817 of 2023, decided 05-03-2024: Five petitioners apprehending arrest in Mushahari P.S. Case No. 127 of 2023 (dated 19-05-2023) under Sections 341, 323, 307, 354, 447, 448, 504 and 506/34 IPC were held entitled to anticipatory bail. On arrest or surrender within six weeks, they are to be released on bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned JM 1st Class, Muzaffarpur or appropriate Court below, subject to the conditions under Section 438(2) Cr.P.C. Defence contentions noted: injury report allegedly shows simple injury by hard and blunt substance contrary to the sword-assault allegation, existence of a counter-case (Complaint Case No. 1538 of 2023 filed by petitioner no.4 Sita Devi against the informant), admitted enmity between neighbours, and criminal antecedents of petitioner nos. 3 and 4 (one pending case, on bail); petitioner nos. 1, 2 and 5 stated to have no criminal antecedents.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.80817 of 2023

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Arising Out of PS. Case No.-127 Year-2023 Thana- MUSAHARI District- Muzaffarpur

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

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Sundeshwar Kumar Son Of Nathuni Sahani Resident Of Village- Aathar Bansman, P.S. - Mushahari, District - Muzaffarpur

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Sonu Kumar Son Of Nathuni Sahani Resident Of Village - Aathar Bansman, P.S. - Mushahari, District - Muzaffarpur

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Kunni Devi Wife Of Nathuni Sahani Resident Of Village - Aathar Bansman, P.S. - Mushahari, District - Muzaffarpur

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Sita Devi Wife Of Sunil Sahani Resident Of Village - Aathar Bansman, P.S. - Mushahari, District - Muzaffarpur

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Raj Kishore Sahni Son Of Late Anuplal Sahani Resident Of Village - Aathar Bansman, P.S. - Mushahari, District - Muzaffarpur

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Pranav Kumar with Mr.Rajeev Ranjan No.II Advocates For the Opposite Party/s : Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

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3 05-03-2024

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Heard learned counsel for the petitioners and learned

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A.P.P. for the State.

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The petitioners apprehend their arrest in connection with Mushahari P.S. Case No. 127 of 2023 dated 19-05-2023, instituted for the offence punishable under Sections 341, 323, 307, 354, 447, 448, 504 and 506/34 of the Indian Penal Code.

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As per allegation in the FIR, the petitioners have abused and assaulted the informant and his family members. It

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Patna High Court CR. MISC. No.80817 of 2023(3) dt.05-03-2024 2/3

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is alleged that while the petitioner no.2, namely, Sonu Kumar caught hold of the informant, petitioner no.1, namely, Sundeshwar Kumar assaulted him with sword causing injury on his head. Further allegation is that petitioner no.5, namely, Raj Kishore Sahni is alleged to have assaulted the wife of the informant by catching her hair. When his family members came to rescue him then all the accused persons assaulted them and it is alleged that petitioner no.3, namely, Kunni Devi snatched the Mangalsutra from the informant’s wife.

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Learned counsel for the petitioners submits that the petitioners are innocent and they have falsely been implicated in this case. It is submitted that specific allegation of assaulting the informant by means of sword on his head is attributed against petitioner no.1. As per Injury report of the informant, which is annexed with the case diary, does not corroborate the prosecution case. The cause of injury mentioned in the injury report, is by hard and blunt substance and nature of injury is mentioned as simple. It is submitted that there is case and counter case between the parties. A complaint case bearing complaint case no. 1538 of 2023 was filed by one of the petitioners, namely, Sita Devi against the informant of the instant case and in retaliation, the present case has been filed by

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Patna High Court CR. MISC. No.80817 of 2023(3) dt.05-03-2024 3/3

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the informant to save his skin from the complaint case lodged by petitioner no.4. It is submitted that petitioners and informant are neighbors and there is admitted enmity between them. Lastly, it is submitted that petitioner nos. 1, 2 and 5 have no criminal antecedents whereas, one criminal case is pending against the petitioner nos. 3 and 4, in which, they are on bail.

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Learned A.P.P. for the State has opposed the prayer for bail of the petitioners.

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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 petitioners within a period of six weeks from today, in connection with Mushahari P.S. Case No. 127 of 2023, they shall be released on anticipatory 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 JM 1^st Class, Muzaffarpur or appropriate Court below, subject to condition as laid down under Section 438(2) of the Cr.P.C.

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The application stands allowed.

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(Khatim Reza, J)

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shyambihari/- U T

Sundeshwar Kumar v. the State of Bihar

Case brief

What is this about?

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Sundeshwar Kumar v. the State of Bihar

Case brief

What is this about?

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