Gyanti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4003 of 2022 Arising Out of PS. Case No.-366 Year-2021 Thana- CHHATAUNI District- East Champaran ====================================================== 1.
Gyanti Devi Wife Of Umesh Sharama Resident Of Village - Bara Bariyar Pur, P.S. - Chhatauni, District - East Champaran. 2.
Nisha Kumari Daughter Of Umesh Sharma Resident Of Village - Bara Bariyar Pur, P.S. - Chhatauni, District - East Champaran. 3.
Dhananjay Kumar Son Of Umesh Sharma Resident Of Village - Bara Bariyar Pur, P.S. - Chhatauni, District - East Champaran. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Shankar Shrivastava For the Opposite Party/s :
Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-08-2022 Heard learned counsel for the petitioners and the learned APP for the State.
The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code.
The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner nos.1 and 2 are women and petitioner no.3 is a young boy aged about 19 years and the informant alleges that while he along with Daya Shankar Prasad went on the land of Daya Shankar
Patna High Court CR. MISC. No.4003 of 2022(2) dt.17-08-2022 2/3 Prasad where from before, the accused persons including the petitioners were present and thereafter, it is alleged that they confined Daya Shankar Prasad in a room and assaulted the informant. It is further alleged that Gyanti Devi gave spade blow on the informant causing cut injury and bleeding and while Sajan Sharma and Dhananjay Kumar were holding both the hands of the informant.
The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case. From perusal of the injury report (Annexure-2 to the anticipatory bail application), it would manifest that the injuries suffered by the injured is simple in nature and is caused by hard and blunt substance. It is next submitted that as far as allegation against petitioner no.3 is concerned, the same is ornamental in nature and no specific allegation has been alleged against the petitioner no.2.
The learned Additional Public Prosecutor opposes the anticipatory bail application.
Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, are directed to be
Patna High Court CR. MISC. No.4003 of 2022(2) dt.17-08-2022 3/3 released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Chhatauni P. S. Case No.366 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The application stands allowed.
(Satyavrat Verma, J) vikash/- U T