Marchun Devi @ Manju Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19326 of 2022 Arising Out of PS. Case No.-174 Year-2021 Thana- KARJA District- Muzaffarpur ====================================================== 1.
MARCHUN DEVI @ MANJU DEVI Wife of Banarasi Ram (Wrongly written as Daughter of Banarasi Ram), Resident of Village - Chainpur Parari, P.S.- Karja, District - Muzaffarpur.
2.
Seeta Devi @ Manju Devi Wfie of Brij Nandan Ram @ Brajnandan Ram Resident of Village - Chainpur Parari, P.S.- Karja, District - Muzaffarpur. 3.
Bindu Devi Wife of Dinesh Ram Resident of Village - Chainpur Parari, P.S.- Karja, District - Muzaffarpur.
4.
Urmeela Devi Wife of Late Rajendra Ram @ Ghataki Resident of Village - Chainpur Parari, P.S.- Karja, District - Muzaffarpur. 5.
Renuka Devi Wife of Laxman Ram Resident of Village - Chainpur Parari, P.S.- Karja, District - Muzaffarpur.
6.
Rubi Devi Wife of Sanjay Ram Resident of Village - Chainpur Parari, P.S.- Karja, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mahesh Narayan Parbat, Sr. Adv.
Mr.Praveen Prabhakar, Adv.
For the Opposite Party/s :
Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-08-2022 Heard the parties.
Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. At the outset, learned senior counsel for the petitioners seeks permission to withdraw this application as against the petitioner no.5, as he has been arrested by the police, during
Patna High Court CR. MISC. No.19326 of 2022(2) dt.23-08-2022 2/3 pendency of this application.
Prayer is allowed.
This application with regard to petitioner no.5 is accordingly dismissed as withdrawn.
Now it is being heard for rest of the petitioners. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 323, 325, 341, 353, 307, 333, 332, 504, 506/34 of the Indian Penal Code. Allegedly, the informant received information that the inlaws of one Putul Devi used to commit torture upon her. On such information, police party reached at village Chainpur, where the accused persons abused and assaulted the police force and tried to snatch their weapons. They were planning to kill the police party by putting them on fire but after reaching of additional force, they could be saved. Accordingly, FIR was lodged against 20-25 male and female villagers. It is submitted by learned senior counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case at the instance of their enemies. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus
Patna High Court CR. MISC. No.19326 of 2022(2) dt.23-08-2022 3/3 in nature. It is submitted that the injuries sustained by the prosecution side are simple in nature. Petitioners have no criminal antecedent.
Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the injuries are simple in nature and there is general and omnibus allegation against the petitioners, let the above named petitioners except petitioner no.5, 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 Court in connection with Karja P.S. Case No.174 of 2021 (G.R. No.2749 of 2021), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) pallavi/- U T