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Patna High CourtCR. MISC./16573/2024allowed

Sonali Kumari v. The State Of Bihar

2024-03-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16573 of 2024 Arising Out of PS. Case No.-940 Year-2023 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.

Sonali Kumari D/o Raju Kumar Singh R/o Vill - Khalpura Kamal, P.S. - Mufassil (Chapra), Dist. - Saran 2.

Guriya Devi @ Guriya Singh W/o Raju Kumar Singh R/o Vill - Khalpura Kamal, P.S. - Mufassil (Chapra), Dist. - Saran 3.

Renu Kuwar @ Renu Kunwar @ Renu Devi W/o Ram Yugeshwar Singh R/o Vill - Khalpura Kamal, P.S. - Mufassil (Chapra), Dist. - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Kumar Yadav For the State :

Mr. Ajeet Kumar For the Informant :

Mr. Rakesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners along with other co-accused persons are said to have assaulted the father of the informant by means of lathi, danda, iron rod and daab.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.16573 of 2024(2) dt.14-03-2024 2/2 there is no specific overt act against the petitioners. He further submits that there is specific allegation against co-accused Subham Kumar Singh, who assaulted the deceased by means of iron rod. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposed prayer for anticipatory bail and submitted that the petitioners are also involved in the present case.

6. Having regard to the facts and circumstances of the case, let the above named petitioners, 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 lower Court where the case is pending/successor Court in connection with Mufassil (Chapra) P.S. Case No.940 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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