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Patna High CourtCR. MISC./22235/2023allowed

Manju Devi v. The State Of Bihar

2023-07-03Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22235 of 2023 Arising Out of PS. Case No.-784 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Manju Devi Wife Of Ravindra Mahto Resident Of Village - Singhiya Hiban, P.S. - Banjariya, Distt. - East Champaran 2.

Soni Devi Wife Of Sikendra Mahto @ Skindra Mahto Resident Of Village - Singhiya Hiban, P.S. - Banjariya, Distt. - East Champaran 3.

Sunaina Devi Wife Of Dahari Mahto Resident Of Village - Singhiya Hiban, P.S. - Banjariya, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307, 354(B), 379, 504, 506 and 34 of the Indian Penal Code.

As per the prosecution case, when the informant's husband went to search his brother, he saw the accused petitioners along with accused persons named in FIR, are assaulting his brother. When the informant's husband tried to save, accused persons gave sword blow on his head, and when,

Patna High Court CR. MISC. No.22235 of 2023(3) dt.03-07-2023 2/3 the informant came to save her husband, the accused persons also assaulted her and torn her clothes. It is further alleged that the accused persons took away Rs. 20,000/- from the pocket of the informant.

Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. There is specific allegation against Ravinder Mahto and Sikender Mahto, who gave Talwar blow on the head of the informant's husband. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Having regard to the facts and circumstances of the case as well as there is no specific overt act against the petitioner and the petitioners are ladies, let the above named petitioners, 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

Patna High Court CR. MISC. No.22235 of 2023(3) dt.03-07-2023 3/3 like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Turkauliya (Banjariya) P.S. Case No.784 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T