Patna High CourtCR. MISC./7852/2023partly allowed disposal

Manju Devi @ Anjali Devi v. The State Of Bihar

2023-04-13Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7852 of 2023 Arising Out of PS. Case No.-160 Year-2022 Thana- ISHAKCHAK District- Bhagalpur ====================================================== 1.

Manju Devi @ Anjali Devi W/O Narayan Das @ Rudal Das @ Rudal Harijan R/O Village- Gumti No. 1, Bhikhanpur, P.S.- Ishakchak, DisttBhagalpur. 2.

Mithun Das @ Mithun Kumar S/O Narayan Das @ Rudal Das @ Rudal Harijan R/O Village- Gumti No. 1, Bhikhanpur, P.S.- Ishakchak, DisttBhagalpur. 3.

Mithilesh Das @ Mithilesh Kumar @ Mithelesh Kumar S/O Narayan Das @ Rudal Das @ Rudal Harijan R/O Village- Gumti No. 1, Bhikhanpur, P.S.- Ishakchak, Distt- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioner no. 2 submitting that he will not press anticipatory bail of petitioner no. 2, as the petitioner no.2 wants to surrender before the learned Court Below.

Permission is granted.

Accordingly, this application with regard to petitioner no. 2 is dismissed as withdrawn.

Patna High Court CR. MISC. No.7852 of 2023(2) dt.13-04-2023 2/3 Now this application is being heard with regard to petitioners no. 1 and 3 only.

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, 504, 506, 307, 34 and 325 of the Indian Penal Code. As per prosecution case, all F.I.R. named accused persons including the petitioners alongwith four-five unknown accused persons have assaulted 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 in nature. There is case and counter case between the parties. 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, let the above named petitioners no.1 and 3, be released on bail, in the event of their arrest or surrender before the learned

Patna High Court CR. MISC. No.7852 of 2023(2) dt.13-04-2023 3/3 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 Ishakchak P.S. Case No. 160 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