Lakshminiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12769 of 2024 Arising Out of PS. Case No.-307 Year-2023 Thana- KONCH District- Gaya ====================================================== 1.

Lakshminiya Devi Wife Of Babulal Paswan Resident Of Village-Palanki Sultani, P.S.-Konch, District-Gaya.

2.

Babulal Paswan Son Of Late Dhupati Paswan @ Dhrpati Paswan Resident Of Village-Palanki Sultani, P.S.-Konch, District-Gaya. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Mrigendra Kumar, Advocate For the Opposite Party :

Mr. Surendra Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-03-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 307, 379, 504, 506 and other ancillary sections of the Indian Penal Code.

3. Petitioner no.1 is alleged to have torn Sari of the informant, whereas no.2 assaulted Pramod Paswan with lathi on his head and legs.

4. Petitioner no.2 is wife of petitioner no.1. Instant case is counter blast of Konch Police Station Case No. 304/2023 lodged by wife of co-accused Vinod Paswan against the informant and her family members. Doctor has found simple injury. F.I.R. has been lodged after inordinate delay of two

Patna High Court CR. MISC. No.12769 of 2024(2) dt.12-03-2024 2/2 days without any explanation which renders the entire prosecution case doubtful.

5. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate VIII, Gaya in Konch Police Station Case No. 307/2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T