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Patna High CourtCR. MISC./18589/2019bail granted

Gyanti Devi v. The State Of Bihar

2019-04-04Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18589 of 2019 Arising Out of PS. Case No.-6 Year-2019 Thana- AWTARNAGAR District- Saran ====================================================== 1.

Gyanti Devi, Wife of Prahlad Sah 2.

Soni Devi, Wife of Chandan Sah, D/o Prahlad Sah 3.

Nibha Kumari, D/o Prahlad Sah 4.

Bablu Kumar @ Bablu Prasad Sah, Son of Prahlad Sah All Resident of Village - Dhanoura, P.S.- Awatar Nagar, Distt - Saran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gaurav Kumar, Adv.

For the Opposite Party/s :

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-04-2019 Heard learned counsel for the petitioners and learned APP representing the State.

Petitioners are seeking anticipatory bail in connection with Awatar Nagar P.S. Case No. 6 of 2019 registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code.

As per the prosecution case, the allegation against all the accused persons including these petitioners is that they have assaulted the informant, his wife and his son by means of iron rod and sword causing injury to them.

Learned counsel for the petitioners submits that there is no specific allegation of assault against these petitioners. The specific allegation of assault is against one Prahlad Sah who is not petitioner

Patna High Court CR. MISC. No.18589 of 2019(2) dt.04-04-2019 2/2 before this Court. Learned counsel submits that the injuries allegedly caused are said to be simple in nature.

Learned APP for the State is present and has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein there is no specific allegation of assault against these petitioners and that the specific allegation of assault is against one Prahlad Sah who is not petitioner before this Court and further that the injuries allegedly caused are said to be simple in nature which has been noticed by learned 1st Additional Sessions Judge, Saran at Chapra while rejecting the prayer for anticipatory bail of the petitioner as also that these petitioners have no criminal antecedent, in case of arrest or surrender of the petitioners within a period of four weeks from today, the abovenamed petitioners shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XIth, Saran at Chapra in connection with Awatar Nagar P.S. Case No. 6 of 2019, subject to the condition prescribed under Section 438(2) of the Cr.P.C. (Rajeev Ranjan Prasad, J) arvind/- U T