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Patna High CourtCR. MISC./30794/2023disposed

Ramji Yadav v. The State Of Bihar

2023-07-27Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30794 of 2023 Arising Out of PS. Case No.-59 Year-2022 Thana- DUMARIYA District- Gaya ====================================================== 1.

RAMJI YADAV S/O LATE KARU YADAV R/O Village- Manjhauli TolaTekrakhurd, P.S- Dumaria, Distt.-Gaya. 2.

Kalawati Devi @ Kalauti Devi W/O Ramji Yadav R/O Village- Manjhauli Tola- Tekrakhurd, P.S- Dumaria, Distt.-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh For the Opposite Party/s :

Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-07-2023

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 354, 379, 504 and 509 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner No. 2 is a women.

4. Learned counsel for the petitioners seeks permission to withdraw the anticipatory bail application with respect to petitioner No. 1.

5. Permission is accorded.

6. It is next submitted that from bare perusal of the allegations as alleged in the FIR, it would manifest that

Patna High Court CR. MISC. No.30794 of 2023(2) dt.27-07-2023 2/2 petitioner No. 2 being wife of Ramji Yadav came to be implicated in the present case with an allegation that she along with Sumit assaulted the informant with lathi and fist causing injury on her chest, left eye and other body parts. Learned counsel next submits that the allegation of assault against the petitioner is ornamental in nature when petitioner, admittedly, is a house wife and is a person with clean antecedent.

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

8. 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. 5,000/- (Rupees Five Thousand) each 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 Dumaria P.S. Case No. 59 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T