Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36758 of 2024 Arising Out of PS. Case No.-568 Year-2023 Thana- MASAUDHI District- Patna ====================================================== 1.

Manju Devi wife of Rajesh Chaudhari @ Ranjesh Chaudhary VillageThalpura Ps- Masurhi Dist- Patna 2.

Rahul Kumar son of Rajesh Chaudhari @ Ranjesh Chaudhary VillageThalpura Ps- Masurhi Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sikandar For the Opposite Party/s :

Mr.Shailendra Kumar Singh For the Informant :

Mr.Sanjesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2024 Heard the parties.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 504, 302, 506, 34 of the Indian Penal Code.

3.

The allegation against the petitioners is that the petitioners assaulted the informant's father by means of several weapons due to which his father died during the course of treatment.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.36758 of 2024(2) dt.26-06-2024 2/3 allegation levelled against the petitioners is not specific rather general and omnibus in nature. He further submits that the specific allegation is against the co-accused Rahul Kumar and Ranjesh Chaudhary. Petitioners have no criminal antecedent. 5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail and submits that there is specific allegation against the petitioner no.2, namely, Rahul Kumar to assault the father of the informant.

6.

Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner no.2 on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

However, as there is general and omnibus allegation against the petitioner no.1, let the above named petitioner no.1, be released on bail, in the event of her 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) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Masaurhi P.S. Case No.568 of 2023, subject to the conditions as laid down under

Patna High Court CR. MISC. No.36758 of 2024(2) dt.26-06-2024 3/3 Section 438(2) of the Cr.P.C.

8.

Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) shikha/- U T