Madhu Gaddi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12086 of 2022 Arising Out of PS. Case No.-274 Year-2021 Thana- SIKARPUR District- West Champaran ====================================================== 1.
MADHU GADDI S/o Bolar Gaddi R/o village- Pachmava, P.S.- Shikarpur, District- West Champaran 2.
Sadhu Gaddi S/o Bolar Gaddi R/o village- Pachmava, P.S.- Shikarpur, District- West Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Namrata Mishra, Advocate For the Opposite Party/s :
Mr. Uday Chand Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Let the defect(s), if any, be removed within a period of four weeks.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 448, 341, 323, 324, 325, 307, 354 and 504/34 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent. The informant alleges that on 26.05.2021 when she was alone, the petitioner no. 1 in a drunken condition entered the house and started teasing her and further broke her left hand thumb, thereafter it is alleged that all the 9 accused including the
Patna High Court CR. MISC. No.12086 of 2022(2) dt.12-09-2022 2/3 petitioner no. 2 came and started assaulting her, when the husband of the informant came, he was assaulted by petitioner no. 2 by farsa causing injury on his head.
Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case and no reason or motive has been assigned in the FIR for the occurrence. He further submits that from the side of the petitioners Shikarpur P.S. Case No. 279 of 2021 has been instituted and the dispute basically arose among the children of the neighbour based on which the present occurrence came to be committed from both the sides. He next submits that the petitioners are not criminals and the injuries suffered by the injured are simple in nature as would be evident from Annexure-2 to the anticipatory bail application.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or 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.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.12086 of 2022(2) dt.12-09-2022 3/3 satisfaction of the learned court below where the case is pending/successor court in connection with Shikarpur P.S. Case No. 274 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T