Mamta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22101 of 2021 Arising Out of PS. Case No.-343 Year-2020 Thana- NARPATGANJ District- Araria ====================================================== 1.

MAMTA DEVI W/o Ashok Yadav Resident of Village - Mirdaul, P.S.- Narpatganj, Distt.- Araria.

2.

Manish Yadav @ Manish Kumar Yadav Sn of Ramchandra Yadav Resident of Village - Mirdaul, P.S.- Narpatganj, Distt.- Araria. 3.

Prince Yadav @ Prince Kumar Yadav Son of Ramchandra Yadav Resident of Village - Mirdaul, P.S.- Narpatganj, Distt.- Araria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kundan Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-01-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Narpatganj P.S. Case No. 343 of 2020 registered under Sections 147, 148, 149, 341, 323, 324, 307, 354-B, 504 and 379 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. Further submission is that petitioner no. 1 Mamta Devi is lady and has no criminal antecedent against her.

Learned A.P.P. appearing on behalf of the State opposed the prayer of petitioner no. 2 Manish Yadav @ Manish Kumar

Patna High Court CR. MISC. No.22101 of 2021(2) dt.28-01-2022 2/2 Yadav and petitioner no. 3 Prince Yadav @ Prince Kumar Yadav by contending that on perusal of first information report it would be evident that there is direct allegation of assault against them and the injury report also corroborates the same. Hence, petitioner nos. 2 and 3 do not deserve to be enlarged on anticipatory bail.

Having considered the facts and circumstances of the case and submissions made on behalf of the parties, prayer of petitioner nos. 2 and 3 for grant of anticipatory bail is rejected. So far as prayer of petitioner no. 1 Mamta Devi is concerned, her prayer for grant of anticipatory bail is allowed. Let the above named petitioner no. 1 be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of the Chief Judicial Magistrate, Araria in connection with Narpatganj P.S. Case No. 343 of 2020, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

utkarsh/- (Arvind Srivastava, J) U T