Patna High CourtCR. MISC./17666/2023partly allowed disposal

Manish Kumar Das v. The State Of Bihar

2023-05-25Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17666 of 2023 Arising Out of PS. Case No.-282 Year-2022 Thana- DHAMDAHA District- Purnia ====================================================== 1.

MANISH KUMAR DAS S/O DILIP DAS R/v- Mogalia Purandaha Paschim, P.S.- Dhamdaha , District- Purnia 2.

DILIP DAS S/O GANESHI DAS R/v- Mogalia Purandaha Paschim, P.S.- Dhamdaha , District- Purnia 3.

SUNITA DEVI W/O DILIP DAS R/v- Mogalia Purandaha Paschim, P.S.- Dhamdaha, District- Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Jha,, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-05-2023 Heard the learned counsel for the petitioners and the learned A.P.P. for the State. At the outset, the learned counsel for the petitioners seeks not to press the present petition qua the petitioners no. 1 & 2, however, seeks liberty on their behalf to surrender before the learned court below within a period of six weeks from today and seek regular bail. Liberty so sought is granted.

Accordingly, the present petition qua the petitioners no. 1 & 2 stands dismissed as not pressed.

The petitioner no. 3 apprehends her arrest

Patna High Court CR. MISC. No.17666 of 2023(2) dt.25-05-2023 2/3 in connection with Dhamdaha P.S. Case No. 282 of 2022, registered for the offences punishable under Sections 447, 341, 323, 324, 354(B), 379, 504 and 506/34 of the Indian Penal Code.

The petitioners are alleged to have arrived at the house of the informant, whereafter, they had assaulted the informant, his wife, his son and his grandson resulting in them sustaining grievous injuries.

The learned counsel for the petitioners has submitted that the petitioner no. 3 is innocent, she has been falsely implicated in the present case and she is having a clean antecedent. It is further submitted that as far as the petitioner no. 3 is concerned, a general and omnibus allegation has been levelled, hence she be granted the privilege of bail.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

Having regard to the facts and circumstances of the case, considering the

Patna High Court CR. MISC. No.17666 of 2023(2) dt.25-05-2023 3/3 submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that a general and omnibus allegation has been levelled qua the petitioner no. 3, I deem it fit and proper to admit the petitioner no. 3 herein to the privilege of anticipatory bail.

Accordingly, the petitioner no. 3, above named, is directed to be released on anticipatory bail in the event of her arrest/surrender before the court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Purnea in connection with Dhamdaha P.S. Case No. 282 of 2022, G.R. No. 4919 of 2022, subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T