Shakuntala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14028 of 2022 Arising Out of PS. Case No.-409 Year-2021 Thana- JAGDISHPUR District- Bhagalpur ====================================================== 1.

SHAKUNTALA DEVI Wife of Mahaveer Mahto Resident of Village - Yogiveer, Police Station- Jagdishpur, District - Bhagalpur. 2.

Archana Devi @ Bandana Devi wife of Mithun Kumar Mahto Resident of Village - Yogiveer, Police Station- Jagdishpur, District - Bhagalpur. 3.

Mahaveer Mahto Son of Late Manni Mahto Resident of Village - Yogiveer, Police Station- Jagdishpur, District - Bhagalpur. ... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-11-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 354, 504, 506 and 34 of the Indian Penal Code. Petitioner along with other co-accused is said to have assaulted on the head of the informant by means of lathi and danda. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.14028 of 2022(2) dt.03-11-2022 2/2 petitioners are innocent and have been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioners. He there is no specific overt act against the petitioners. He further submits that there is specific overt act against the co-accused Mithun Kumar. He submits that injuries found upon the victim is simple in nature. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that there is general and omnibus allegation against the petitioners, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds 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 court in connection with Jagdishpur P.S. Case No.409 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T