Geeta Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 21843 of 2017 Arising Out of PS.Case No. -29 Year- 2017 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Geeta Devi, wife of Jatan Ram,
2. Jatan Ram, Son of Late Lakhichan Ram, Both are resident of Village- Kalyanpur, P.O. and P.S. Kalyanpur, District- East Champaran.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.
01-07-2017 Heard Sri Pravin Kumar, learned counsel for the petitioners and learned Addl. Public Prosecutor. Two petitioners, who are wife & husband respectively, have approached this Court with a prayer to extend the privilege of anticipatory bail in Kalyanpur P.S. Case No. 29 of 2017 registered for offence under Sections 448, 341, 323, 379, 307, 504, 506/34 of the Indian Penal Code.
It was submitted by learned counsel for the petitioners that in the F.I.R. itself, there is no specific accusation, so far as petitioner no. 1 is concerned. He submits that there was case and counter case in between the parties. From the petitioners' side, an F.I.R., vide Kalyanpur P.S. Case No. 30 of 2017, was filed for
Patna High Court Cr.Misc. No.21843 of 2017 (2) dt.01-07-2017 2/2 offence under Sections 341, 323, 379, 307, 354, 504, 34 of the Indian Penal Code against the informant of the present case and others. He further submits that as per F.I.R. itself, alleged occurrence had taken place on 05-03-2017, whereas, F.I.R. was lodged on 09-03-2017. He submits that in village politics, false accusation has been made.
Considering the fact that there was case and counter case in between the parties as well as the fact that F.I.R. was lodged much belatedly, there is no reason to deny the prayer for anticipatory bail.
Accordingly, in the event of arrest or surrender within a period of six weeks from today, let both the petitioners namely Geeta Devi and Jatan Ram be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-9, Motihari in connection with Kalyanpur P.S. Case No. 29 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure, 1973.
(Rakesh Kumar, J.) Anay U T