Rajkumari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15766 of 2023 Arising Out of PS. Case No.-941 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== 1.
Rajkumari Devi Wife Of Jiytar Mukhiya R/O Village- Majhariya Shekh, P.S.- Majhauliya, District- West Champaran 2.
Chandrawati Devi @ Chandrajyoti Devi Wife Of Chanchal Mukhiya R/O Village- Majhariya Shekh, P.S.- Majhauliya, District- West Champaran 3.
Vinda Devi @ Binda Devi Wife Of Buni Lal Mukhiya R/O VillageMajhariya Shekh, P.S.- Majhauliya, District- West Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhannjay Kumar No 2 For the Opposite Party/s :
Mr. Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State assisted by learned counsel for the informant. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 447, 341, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code. As per the prosecution case, petitioners along with other accused persons came at the house of the informant and abused her. It is further alleged that petitioner no. 1 has given knife blow causing injury on the nose.
Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature.
Patna High Court CR. MISC. No.15766 of 2023(2) dt.17-05-2023 2/2 He submits that the petitioner no. 1 has filed a case against the informant's family i.e. Majhauliya P.S. Case No. 626/2022 dated 24.08.2022, thereafter present case was lodged by the informant against the petitioners. He further submits that the injury was found simple in nature and the injury has not supported the prosecution case. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
Learned APP for the State as well as learned counsel for the informant oppose prayer for anticipatory bail. Having regard to the facts and circumstances of the case and the nature of the injury, 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 Majhauliya P.S. Case No.941 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T