Jyotishlal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33873 of 2021 Arising Out of PS. Case No.-384 Year-2020 Thana- UCHKAGAON District- Gopalganj ====================================================== 1.

JYOTISHLAL Son of Late Jagarnath Sah Resident of Village - Brindavan Mauza, P.S. - Uchkagaon, District - Gopalganj 2.

Awadh Lal Son of Late Jagarnath Sah Resident of Village - Brindavan Mauza, P.S. - Uchkagaon, District - Gopalganj 3.

Bharat Lal Son of Late Jagarnath Lal Resident of Village - Brindavan Mauza, P.S. - Uchkagaon, District - Gopalganj 4.

Shrimati Devi Wife of Bharat Lal Resident of Village - Brindavan Mauza, P.S. - Uchkagaon, District - Gopalganj 5.

Arti Devi Wife of Awadh Lal Resident of Village - Brindavan Mauza, P.S. - Uchkagaon, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code.

The prosecution allegation, in short, is that while the informant was sitting at his shop, the accused persons, variously

Patna High Court CR. MISC. No.33873 of 2021(2) dt.12-04-2022 2/2 armed, came and assaulted him as also family members due to which they sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out. The petitioner nos. 4 and 5 are ladies. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Uchkagaon P.S. Case No. 384 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T