Munna Rai @ Munna Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32493 of 2022 Arising Out of PS. Case No.-135 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

MUNNA RAI @ MUNNA PRASAD YADAV Son of Late Inderdeo Rai Resident of village - Dostiya, P.S. - Lakhaura, Muffasil, District - East Champaran 2.

Asia Devi @ Asha Devi Wife of Jarba Rai Resident of village - Bela Chamhi, P.S.- Chhauradano, District - East Champaran 3.

Priyanka Devi Wife of Ranjay Kumar Yadav Resident of village - Pipra, P.S.- Jitna, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Awadhesh Kumar Singh, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-11-2022 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, 327, 307, 379, 504 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner nos. 2 and 3 are women and the informant alleges that the accused persons came to his house and abused him and threatened to withdraw the case, thereafter Munna assaulted by farsa causing cut injury on his head, thereafter Asia assaulted by Dabia

Patna High Court CR. MISC. No.32493 of 2022(2) dt.23-11-2022 2/3 causing injury on wrist of his right hand, thereafter again Munna assaulted his wife by farsa causing injury on her head and Priyanka assaulted her with Mungari and even made her semi naked, thereafter Munna took Rs. 25,00/- from his pocket and Asia snatched her chain.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, it is next submitted that the injuries suffered by the injured are simple in nature which amply demonstrates that the petitioners never had any intention of committing a serious offence. It is also submitted that from side of the petitioner Lakhaura P.S. Case No. 136 of 2021 was instituted against the side of the informant and others. It is next submitted that even the F.I.R does not disclose as to which case the accused wanted the informant to withdraw. It is next submitted that there is a dispute between the parties with respect to land.

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 and considering the fact that the petitioner nos. 2 and 3 are women, the petitioners above-named, in the event of their arrest or surrender before the learned trial

Patna High Court CR. MISC. No.32493 of 2022(2) dt.23-11-2022 3/3 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) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Muffasil (Lakhaura) P.S. Case No. 135 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T