Geeta Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7233 of 2023 Arising Out of PS. Case No.-142 Year-2019 Thana- ANDHRAMATH District- Madhubani ====================================================== 1.
Geeta Devi, Wife of Bhuneshwar Mandal, R/V- Dumra, P.S- Andhramath, Dist- Madhubani 2.
Rekha Devi, Wife of Prameshwar Mandal, R/V- Dumra, P.S- Andhramath, Dist- Madhubani 3.
Ajai Kumar Mandal, Son of Bhuneshwar Mandal, R/V- Dumra, P.SAndhramath, Dist- Madhubani ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Lakshmindra Kumar Yadav, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-05-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners in the present case are seeking prearrest bail in connection with Andhramath P.S. Case No. 142 of 2019 registered for the offences punishable under Sections 341, 323, 324, 379, 447, 504, 506/34 of the Indian Penal Code. They have got no criminal antecedent.
As per the prosecution story, the informant Manchaniya Devi was continuously threatened by the FIR named accused persons for lodging a case against them. On 12.09.2019, when the informant was at her courtyard, the accused persons reached there and started abusing her. When the
Patna High Court CR. MISC. No.7233 of 2023(2) dt.16-05-2023 2/3 informant protested, the co-accused namely Geeta Devi, Rekha Devi, Ajay Kumar Mandal and Prem Kumar Mandal entered her courtyard with various arms and grabbed and assaulted her. The co-accused Rekha Devi tried to gauge the eye of the informant by means of sickle and snatched a silver chain from her. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. It is stated that the injuries sustained by the informant side are simple in nature and at the same time, the petitioner no. 2 has also suffered an injury which is said to be simple in nature. Learned APP for the State has opposed the anticipatory bail of the petitioners.
Having regard to the facts and circumstances of the case, the case and counter case between the parties, the fact that the informant has suffered simple injury and at the same time, the petitioner no. 2 has also suffered simple injury, the petitioners have otherwise no criminal antecedent, this Court directs release of the petitioners above named on bail in the event of their arrest or surrender within a period of four weeks from today in connection with Andhramath P.S. Case No. 142 of 2019 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each
Patna High Court CR. MISC. No.7233 of 2023(2) dt.16-05-2023 3/3 to the satisfaction of learned Judicial Magistrate 1st Class, Jhanjharpur, Madhubani, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
This application stands allowed.
(Rajeev Ranjan Prasad, J) lekhi/- U T