Patna High Court – Orders
Shanti Devi vs The State Of Bihar on 2 July, 2025
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14201 of 2025
Arising Out of PS. Case No.-742 Year-2023 Thana- SAHARSA SADAR District- Saharsa
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1. Shanti Devi W/o Shankar Sharma R/o vill- Korlahi, ward No. 44, P.S.-
Saharsa Sadar, District- Saharsa
2. Raji Kumar @ Rajji Kumar @ Raji Sharma S/o Shankar Sharma R/o vill-
Korlahi, ward No. 44, P.S.- Saharsa Sadar, District- Saharsa
3. Fulo Sharma S/o Dhodhay Sharma R/o vill - Korlahi, Ward No. 44, P.S-
Saharsa, Sadar, Distt.- Saharsa
4. Nunubabu Sharma S/o Late Sahdi Sharma R/o vill- Korlahi, ward No. 44,
P.S.- Saharsa Sadar, District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Amarnath Jha, Advocate
For the Opposite Party/s : Mrs.Anita Kumari, APP
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 02-07-2025
Heard the parties.
2. The petitioners are apprehending arrest in
connection with Saharsa Sadar P.S. Case No. 742 of 2023
instituted under Section 147, 148, 149, 341, 323, 307, 354(B),
380, 504, 506 of the Indian Penal Code lodged on 18.10.2023
by the informant, Jawahar Sharma.
3. As per the prosecution story, the informant
alleged that all of a sudden, accused persons came and
assaulted the informant’s side whereas allegation against
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petitioner no.1, Shanti Devi is of assaulting ladies of the
informant’s family, Raji Kumar assaulted the informant’s son
Indrajeet, Fulo Sharma assaulted the informant’s uncle namely
Raj Bihari Sharma while petitioner no.4 Nunu Babu Sharma
assaulted the informant Jawahar Sharma. Allegation of assault
is on other accused persons also. This led to the FIR.
4. Learned counsel for the petitioners submit that in
a small scuffle, entire family members have been roped in,
most of the injuries have been found to be simple in nature
and further those who may be extended relief are inclined to
make payment of Rs. 5000/- each for the injured (totalling Rs.
15000/-) towards the medical assistance of the injured through
Demand Draft issued by the local State Bank of India branch
to be submitted before the concerned Court to be handed over
to the injured.
5. Learned APP opposes the prayer stating that so
far as the injuries received by the informant’s son Indrajeet is
concerned, which is attributable to the petitioner no.2, Raji
Sharma, the same is found to be grievous in nature. Regarding
others, the submission is that the same have been found to be
simple in nature.
6. The coordinate bench earlier called for the case
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diary and the injury report is on record. The submission of
learned APP finds supported with the said injuries report, in
that background, so far as the anticipatory bail application of
petitioner no.2, Raji Kumar @ Rajji Kumar @ Raji Sharma is
concerned, the assault made by him on Indrajeet has been
found to be grievous, in that background, the relief sought for
by him is rejected.
7. So far as the petitioner no.1, Shanti Devi, the
petitioner no.3, Fulo Sharma and the petitioner no.4,
Nunubabu Sharma are concerned, taking into account that the
injuries have been found to be simple in nature, though they
have criminal antecedent, in view of the fact that an
undertaking has been given that they shall be diligently
appearing in trial, in that background, this Court is inclined to
extend them the privilege of anticipatory bail subject to
payment of Rs.5000/- each (totalling Rs. 15000/-) towards the
medical assistance of the injured through Demand Draft
issued by the local State Bank of India branch to be submitted
before the concerned Court to be handed over to the injured.
7. Let the petitioners (except petitioner no.2, Raji
Kumar @ Rajji Kumar @ Raji Sharma) be released on bail,
in the event of their arrest or surrender before the subordinate
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court within a period of four weeks from the receipt of this
order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
each with two sureties of the like amount each in connection
with Saharsa Sadar P.S. Case No. 742 of 2023 to the
satisfaction of learned Principal Session Judge, Saharsa
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family member of
the petitioners who shall provide official document to show
his/her bona fide;
(ii) the petitioners shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall co-operate in the
investigation and make themselves available to the police as
and when required;
(iv) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioners shall desist from committing any
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liberty to take steps for cancellation of their bail bonds.
(Rajiv Roy, J)
Ravi/-
U T