Saroja Devi @ Saroj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14935 of 2021 Arising Out of PS. Case No.-403 Year-2020 Thana- TARAIYA District- Saran ====================================================== 1.

SAROJA DEVI @ SAROJ W/o Late Ramdhani Sah R/o Village- Taraiya, P.S.- Taraiya, District- Saran.

2.

Mithilesh Kumar Sah @ Mitles S/o- Late Ramdhani Sah R/o VillageTaraiya, P.S.- Taraiya, District- Saran. 3.

Sonu Kumar Sah @ Sonu Kumar S/o- Late Ramdhani Sah R/o VillageTaraiya, P.S.- Taraiya, District- Saran. 4.

Vikash Kumar @ Vikash Sah S/o- Late Ramdhani Sah R/o Village- Taraiya, P.S.- Taraiya, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishwajeet Singh For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-03-2022 Heard learned counsel for the petitioners and the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in Taraiya P.S. Case No. 403 of 2020 registered for the offence under Sections 341, 323, 324, 307, 504, 506, 34 of the Indian Penal Code.

Allegedly, after returning of grandson of the informant

Patna High Court CR. MISC. No.14935 of 2021(2) dt.02-03-2022 2/3 namely Deepak Sah from Chhath Ghat, the accused persons having knife, lathi and farsa in their hands, came hurling abuses and asked to bring Deepak out from the house and they also started breaking the door. After coming out from house, Deepak was pierced knife in his abdomen. The other family members of the informant was also assaulted.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. The nature of injury is said to be simple. The petitioner No. 1 is a lady. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on

Patna High Court CR. MISC. No.14935 of 2021(2) dt.02-03-2022 3/3 furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Saran at Chapra in connection with Taraiya P.S. Case No. 403 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T