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Patna High CourtCR. MISC./7572/2023allowed

Manti Devi v. The State Of Bihar

2023-04-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7572 of 2023 Arising Out of PS. Case No.-149 Year-2022 Thana- CHAUTHAM District- Khagaria ====================================================== 1.

MANTI DEVI W/o Gaban Singh R/o village- Nirpur- P.S.- Chautham, DisttKhagaria. 2.

Soni Devi W/o Mohan Singh R/o village- Nirpur- P.S.- Chautham, DisttKhagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bishweshwar Ram For the Opposite Party/s :

Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 302, 34 and 302 of the Indian Penal Code pending in the learned court below.

As per the prosecution case, Gaban Singh had borrowed Rs.25,000/- from the informant and when he demanded the same, he started making excuse. On 09.06.2022 when his son Manish Kumar had gone to the entrance of the house of the Gaban Singh all the accused persons armed with lathi, dabiya and iron rod came and assaulted his son and his family members.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.7572 of 2023(2) dt.13-04-2023 2/2 petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioners. He submits that there is no specific overt act against the petitioners. He further submits that all the petitioners are ladies. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that there is no specific overt act against the petitioners, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Suppl. Chautham P.S. Case No.149 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Mohit Kumar Shah, J) ajay/- U T