Soni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18978 of 2024 Arising Out of PS. Case No.-157 Year-2023 Thana- GOPALPUR District- West Champaran ====================================================== 1.

SONI DEVI W/O RAMAKANT RAM R/O VILLAGE- GHOGHA, VIRTI TOLA, WARD NO. 13, P.S- GOPALPUR, DISTT.- WEST CHAMPARAN. 2.

SURAJ KUMAR @ SURAJ RAM S/O RAMAKANT RAM R/O VILLAGE- GHOGHA, VIRTI TOLA, WARD NO. 13, P.S- GOPALPUR, DISTT.- WEST CHAMPARAN.

3.

KUNDAN KUMAR @ KUNDAN RAM S/O RAMAKANT RAM R/O VILLAGE- GHOGHA, VIRTI TOLA, WARD NO. 13, P.S- GOPALPUR, DISTT.- WEST CHAMPARAN.

4.

VIKRAM KUMAR @ VIKRAM RAM S/O RAMAKANT RAM R/O VILLAGE- GHOGHA, VIRTI TOLA, WARD NO. 13, P.S- GOPALPUR, DISTT.- WEST CHAMPARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvesh Kashyap For the Opposite Party/s :

Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2024 Heard the parties.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 323, 379, 354(B), 504, 506 of the Indian Penal Code.

3.

The allegation against the petitioners is that the petitioners abused the informant and also assaulted the informant's side.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.18978 of 2024(3) dt.08-05-2024 2/3 They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. There is a case and counter-case between the parties. There is an admitted land dispute between the parties. Petitioners have one criminal antecedent. 5.

Learned APP for the State opposed the prayer for anticipatory bail and submits that there is specific allegation against the petitioner no.3 to threaten the informant. 6.

Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner no.3 on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

However, as there is general and omnibus allegation against the petitioner nos.1, 2 and 4 are simple in nature, let the above named petitioner nos.1, 2 and 4, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor

Patna High Court CR. MISC. No.18978 of 2024(3) dt.08-05-2024 3/3 Court in connection with Gopalpur P.S. Case No.157 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

8.

Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) shikha/- U T