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Patna High CourtCR. MISC./33445/2023allowed

Sunita Devi v. The State Of Bihar

2023-07-24Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33445 of 2023 Arising Out of PS. Case No.-324 Year-2022 Thana- GARKHA District- Saran ====================================================== 1.

Sunita Devi Wife Of Bipin Singh Village- Maiki Ps- Garkha Dist- Saran 2.

Kisan Kumar Singh Son Of Bipin Singh Village- Maiki Ps- Garkha DistSaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 44044 of 2023 Arising Out of PS. Case No.-324 Year-2022 Thana- GARKHA District- Saran ====================================================== 1.

Shiv Shankar Kumar Singh @ Shivraj Singh Son Of Chandrama Singh Village Maikee, P.S. Garkha, District Saran At Chapra 2.

Raju Kumar Singh Son Of Bihari Singh Village Maikee, P.S. Garkha, District Saran At Chapra ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 33445 of 2023) For the Petitioner/s :

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

Mr. Yogendra Kumar (In CRIMINAL MISCELLANEOUS No. 44044 of 2023) For the Petitioner/s :

Mr. Anish Chandra For the Opposite Party/s :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-07-2023 As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.

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

Patna High Court CR. MISC. No.33445 of 2023(2) dt.24-07-2023 2/3

3. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 504, 307 and 379/34 of the Indian Penal Code.

4. Allegation against the petitioners is that they along with other accused persons came, being variously armed, and assaulted the informant.

5. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. There is specific allegation against co-accused Ankur Raj, who assaulted the informant and injury was found grievous in nature. He submits that the petitioners are women and student and they belongs to respectable family of the locality. Petitioners have got criminal antecedents as mentioned in para-3 of this application.

6. Learned APP for the State opposes prayer for anticipatory bail.

7. 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

Patna High Court CR. MISC. No.33445 of 2023(2) dt.24-07-2023 3/3 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 Garkha P.S. Case No.324 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T