Mintulal Deo @ Mintu Kumar Lal Deo @ Mintulal Dev @ Mintu Kumar Lal Dev v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25129 of 2022 Arising Out of PS. Case No.-176 Year-2021 Thana- BAHERI District- Darbhanga ====================================================== 1.

MINTULAL DEO @ MINTU KUMAR LAL DEO @ MINTULAL DEV @ MINTU KUMAR LAL DEV S/o Devendra Lal Deo R/o village- Baligaon, P.S.- Baheri, District- Darbhanga 2.

LAL KISHOR LAL DEO @ LAL KISHOR LAL DEV S/o Late Boye Lal Deo R/o village- Baligaon, P.S.- Baheri, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-11-2022 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, 325, 354, 504, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on 14.09.2021, the accused persons, including the petitioners, entered her house variously armed and on order of the petitioners, accused Mintulal Deo assaulted her by farsa causing injury on head, further rest

Patna High Court CR. MISC. No.25129 of 2022(3) dt.11-11-2022 2/3 accused assaulted by lathi and assaulted her son thereafter she was taken to hospital.

Learned counsel for the petitioners submits that allegation of assault is against Mintulal Deo, who was petitioner no.1 in the present anticipatory bail application but was arrested, as such against him the application stands withdrawn by order dated 23.06.2022, it is next submitted that as far as petitioners are concerned, the allegation against him is of order giver, it is further submitted that it is very easy to implicate a person by alleging that on his order the occurrence has taken place, it is further submitted that as far as allegation of assaulting her son is alleged the same is general and omnibus in nature.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.25129 of 2022(3) dt.11-11-2022 3/3 amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Baheri P.S. Case No. 176 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T