Guddi Kumari vs The State Of Bihar
2021 Latest Caselaw 1968 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.34671 of 2020
        Arising Out of PS. Case No.-43 Year-2020 Thana- PARASBIGHA District- Jehanabad
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1. Guddi Kumari(female) aged about 33 years wife of Birendra Kumar, resident of village- Jathiyara, P.O and P.S.- Parasbigha, District- Jehanabad

2. Vikash Kumar(male) aged about 20 years son of Naresh Ram, resident of village- Jathiyara, P.O and P.S.- Parasbigha, District- Jehanabad.

3. Akash Kumar(male) aged about 18 years son of Naresh Ram, resident of village- Jathiyara, P.O and P.S.- Parasbigha, District- Jehanabad.

4. Baban Ram(male) aged about 55 years son of late Jangi Ram, resident of village- Jathiyara, P.O and P.S.- Parasbigha, District- Jehanabad.

5. Lal Mohan Ram(male) aged about 50 years son of late Jangi Ram, resident of village- Jathiyara, P.O and P.S.- Parasbigha, District- Jehanabad.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar Sinha, Advocate For the State : Mr. Bal Mukund Prasad Sinha, APP For the Informant : Mr. Nitya Nand Neeraj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 28-04-2021

The matter has been heard via video conferencing.

2. Heard Mr. Ravindra Kumar Sinha, learned counsel

for the petitioners; Mr. Bal Mukund Prasad Sinha, learned

Additional Public Prosecutor (hereinafter referred to as the

'APP') for the State and Mr. Nitya Nand Neeraj, learned counsel

for the informant.

3. The petitioners apprehend arrest in connection with

Parasbigha PS Case No. 43 of 2020 dated 23.03.2020, instituted Patna High Court CR. MISC. No.34671 of 2020 dt.28-04-2021

under Sections 147, 149, 341, 323, 307, 504, 506 of the Indian

Penal Code.

4. The allegation against the petitioners is of general

and omnibus assault on the informant's side resulting in

injuries.

5. Learned counsel for the petitioners submitted that

the present case is counter blast to Parasbigha P.S. Case No. 42

of 2020 filed by the father of petitioners no. 2 and 3 against the

informant's side which was instituted under Sections 341, 323,

307, 379, 427, 506/34 of the Indian Penal Code and Sections

3(1)(r)(s)(9)(w)/3(ii)(v)(a) of SC/ST Act. It was further

submitted that petitioners' side also received injuries and in the

present case, the alleged injuries are simple in nature as would

be clear from the order of the Court below which had gone

through the injury reports. It was submitted that the petitioners

have no criminal antecedent.

6. Learned APP submitted that as per the allegation,

the petitioners had assaulted the informant and others resulting

in injuries. However, he did not controvert that allegation is

general and omnibus without any specific allegation against

any particular person and that the injuries caused have been

found to be simple in nature.

Patna High Court CR. MISC. No.34671 of 2020 dt.28-04-2021

7. Learned counsel for the informant submitted that

the petitioners had come with pre-planning to cause serious

injury on the informant's side and they also inflicted blow

which included injury on the head which is a vital part.

However, he also could not controvert that injuries are simple

in nature and there is no specific overt act alleged against any

particular accused.

8. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

six weeks from today, the petitioners be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand)

each with two sureties of the like amount each to the

satisfaction of the learned Chief Judicial Magistrate, Jehanabad

or his successor in connection with Parasbigha PS Case No. 43

of 2020, subject to the conditions laid down in Section 438(2)

of the Code of Criminal Procedure, 1973 and further, (i) that

one of the bailors shall be a close relative of the petitioners, (ii)

that the petitioners and the bailors shall execute bond with

regard to good behaviour of the petitioners, and (iii) that the

petitioners shall also give an undertaking to the Court that they

shall not indulge in any illegal/criminal activity, act in violation Patna High Court CR. MISC. No.34671 of 2020 dt.28-04-2021

of any law/statutory provisions, tamper with the evidence or

influence the witnesses. Any violation of the terms and

conditions of the bonds or the undertaking shall lead to

cancellation of their bail bonds. The petitioners shall cooperate

in the case and be present before the Court on each and every

date. Failure to cooperate or being absent on two consecutive

dates, without sufficient cause, shall also lead to cancellation of

their bail bonds.

9. It shall also be open for the prosecution to bring

any violation of the foregoing conditions of bail by the

petitioners, to the notice of the Court concerned, which shall

take immediate action on the same after giving opportunity of

hearing to the petitioners.

10. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

Shageer/-

AFR/NAFR U T