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Patna High CourtCR. MISC./28786/2022allowed

Moni Devi @ Mala Kumari And Another v. The State Of Bihar

2022-09-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28786 of 2022 Arising Out of PS. Case No.-346 Year-2021 Thana- SIKANDRA District- Jamui ====================================================== 1.

MONI DEVI @ MALA KUMARI AND ANOTHER D/O VIKESHAR RAM RESIDENT OF VILLAGE- MANPUR , P.S- SIKANDRA , DISTJAMUI 2.

CHOTU KUMAR @ CHHATU KUMARI @ DHRUB RAM SON OF VIKESHAR RAM RESIDENT OF VILLAGE- MANPUR , P.SSIKANDRA , DIST- JAMUI ... ... Petitioners.

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Niranjan Parihar For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307, 427, 504 & 506/34 of the Indian Penal Code. Petitioners in association of other co-accused is said to have assaulted the informant's father sustaining injury in

Patna High Court CR. MISC. No.28786 of 2022(2) dt.06-09-2022 2/2 his head. They also assaulted the wife of the informant due to which she sustained injury in her hand.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. Both sides have filed cases against each other. The injury sustained by the victim is simple in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, 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 like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Sikandara P.S. Case No.346 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T