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Patna High CourtCR. MISC./3350/2023allowed

Meena Devi v. The State Of Bihar

2023-03-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3350 of 2023 Arising Out of PS. Case No.-393 Year-2022 Thana- BODHGAYA District- Gaya ====================================================== 1.

Meena Devi Wife Of Surendra Prasad R/O Vill.- Kurmawan, P.S.- Cherki, Distt.- Gaya 2.

Surendra Prasad Son Of Late Bulkan Mahto R/O Vill.- Kurmawan, P.S.- Cherki, Distt.- Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nikhil Singh For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 498A, 504, 506, 379 and 34 of the Indian Penal Code. As per prosecution case, the petitioners along with other co-accused demanded a motorcycle from informant's parents and due to non-fulfillment of demand, the accused persons started torturing and assaulting the informant. Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus

Patna High Court CR. MISC. No.3350 of 2023(2) dt.29-03-2023 2/2 in nature. He submits that petitioner no. 1 is mother-in-law of the informant and petitioner no. 2 is father-in-law of the informant. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bodhgaya P.S. Case No. 393 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T