Prabha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5372 of 2020 Arising Out of PS. Case No.-222 Year-2019 Thana- NATHNAGAR District- Bhagalpur ====================================================== 1.

PRABHA DEVI Wife of Late Hit Narayan Sharma Resident of Village - Nayatola Chaudehi, P.S.- Madhusudanpur, District - Bhagalpur. 2.

Rajesh Deshmukh Son of Late Hit Narayan Sharma Resident of Village - Nayatola Chaudehi, P.S.- Madhusudanpur, District - Bhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR

2. Lalan Kumar Yadav, son of Late Dinesh Prasad Yadav ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Manoj Kumar For the Opposite Party/s :

Mr. Satyavrat Verma For the Informant Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Nath Nagar (Madhusudan) P.S. Case no. 222 of 2019 instituted for the offence punishable under Sections 147, 149, 341, 323, 379, 406 and 420 of the Indian Penal Code. As per allegation in the FIR, petitioners have assaulted and given threatening to the informant when they asked to return their money after lapse of given time duration. It is further alleged that they have also snatched gold chain and mobile from the informant.

Patna High Court CR. MISC. No.5372 of 2020(3) dt.05-04-2022 2/3 Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. There is case and counter case. Petitioners have also also sustained injury in the alleged occurrence. It has further been submitted that the informant is engaged in money lending work and he has given loan against which, taken several papers and cheques as security and he has mentioned double amount in non-judicial stamp paper with a view to grab more money from the petitioner. Money matter has been almost settled down between the parties. The matter in purely civil in nature. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Nath Nagar (Madhusudan) P.S. Case No. 222 of 2019, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-1st, Bhagalpur subject to the conditions as laid

Patna High Court CR. MISC. No.5372 of 2020(3) dt.05-04-2022 3/3 down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U