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Patna High CourtCR. MISC./7813/2023partly allowed disposal

Ajay Das v. The State Of Bihar

2023-04-29Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7813 of 2023 Arising Out of PS. Case No.-233 Year-2022 Thana- KONCH District- Gaya ====================================================== 1.

AJAY DAS S/O LATE RAMDHANI DAS R/v- Sarbahda, P.S.- Konch, District- Gaya 2.

MUNNI DEVI W/O AJAY DAS R/v- Sarbahda, P.S.- Konch, District- Gaya 3.

URMILA DEVI W/O SIKANDRA DAS @ SIKANDER DAS R/vSarbahda, P.S.- Konch, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-04-2023

1. Heard learned counsel for the petitioners and learned APP for the State.

2. Learned counsel for the petitioners, seeks permission to withdraw this application with respect to petitioner no. 1 Ajay Das with liberty to move a separate bail application on his behalf.

3. This application is dismissed as withdrawn with respect to petitioner no. 1 Ajay Das with the aforesaid liberty.

4. Heard learned counsel for the petitioner nos. 2 and 3 and learned APP for the State.

5. The petitioners have preferred this application for grant of regular bail in connection with Konch P.S. Case no. 233

Patna High Court CR. MISC. No.7813 of 2023(2) dt.29-04-2023 2/3 of 2022 registered under sections 307, 341, 323, 354B, 504, 506 and 34 of the Indian Penal Code to which section 302 of the Indian Penal Code was added subsequently.

6. As per the prosecution case, the informant states that the accused persons including the petitioner nos. 2 and 3 came variously armed, entered the house of the informant and assaulted the members of family of the informant causing serious injuries. Subsequently in course of treatment one of the injured died.

7. Learned counsel for the petitioners submits that so far as the petitioner nos. 2 and 3 are concerned, both of them are ladies. The allegations are general and omnibus in nature. They have been falsely implicated in the case. They are in custody since 5.7.2022. Chargesheet has been submitted in the case.

8. Heard learned A.P.P. for the State.

9. Having heard learned counsel for the parties and taking into consideration the general and omnibus allegation against petitioner nos. 2 and 3 in the FIR, they being in custody since 5.7.2022, chargesheet having been submitted in the case and the petitioners not having any criminal antecedent, petitioner no. 2 Munni Devi and petitioner no. 3 Urmila Devi are directed to be enlarged on bail in connection with Konch

Patna High Court CR. MISC. No.7813 of 2023(2) dt.29-04-2023 3/3 P.S. Case no. 233 of 2022 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Gaya.

(Partha Sarthy, J) Spd/- U T