Sanjay Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18970 of 2023 Arising Out of PS. Case No.-187 Year-2022 Thana- GHOSI District- Jehanabad ====================================================== 1.
Sanjay Kumar Gupta S/O Saheb Sao R/O Village- Gopalganj Bajar, P.S. - Ghoshi, District- Jehanabad 2.
Sanagita Devi @ Sangita Devi W/O Sanjay Kumar Gupta R/O VillageGopalganj Bajar, P.S. - Ghoshi, District- Jehanabad ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Paras Nath For the Opposite Party/s :
Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 325, 379, 308, 504, 506 and 354/34 of the Indian Penal Code. Petitioners are said to have assaulted the informant and his family members and torn her garment due to which she became semi nude.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that for the same set of occurrence another complaint case no. 185 of 2022 was filed by the wife of younger brother of the petitioner no. 1 therein she narrated different
Patna High Court CR. MISC. No.18970 of 2023(3) dt.03-07-2023 2/2 story. He submits that neither the informant nor her son and daughter-in-law have suffered any bodily injury, therefore, no case is made out under Section 325 and 307 of the IPC. He submits that the petitioner no. 1 is street hawker who used to sand his Thela before his paternal house for selling Golgappa for which some altercation took place among his own family members. He further submits that petitioners have one 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, 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 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 Ghosi P.S. Case No. 187 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. devendra/- (Anjani Kumar Sharan, J) U T