Neelam Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33628 of 2022 Arising Out of PS. Case No.-69 Year-2020 Thana- PHULPARAS District- Madhubani ====================================================== 1.
NEELAM DEVI WIFE OF VIDYANAND YADAV RESIDENT OF VILLAGE- RAM NAGAR, POLICE STATION- PHULPARAS, DISTRICT- MADHUBANI 2.
VIDYANAND YADAV SON OF BINDESHWAR YADAV RESIDENT OF VILLAGE- RAM NAGAR, POLICE STATION- PHULPARAS, DISTRICT- MADHUBANI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lakshmindra Kumar Yadav, Adv For the Opposite Party/s :
Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-09-2022 Heard learned counsel for the petitioners and learned APP for the State.
Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under section 341, 323, 324, 308, 379, 504/34 of the IPC.
Allegedly, the informant was working as clerk with one Nasib Lal Yadav. On 16.02.2020, when he was coming towards Jhaptiyahi. In the meantime, the petitioners stopped him and
Patna High Court CR. MISC. No.33628 of 2022(2) dt.22-09-2022 2/3 snatched Rs.3500/- cash and mobile phone. Nilam devi assaulted the informant by means of farsa due to which he sustained head injury.
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 allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is a case and counter-case between the parties. Both sides sustained injuries and the injuries are grievous in nature. Petitioner no.1 has no criminal antecedent and petitioner no.2 has one criminal antecedent, which is also mentioned in para-3 of the bail application. Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, since the injuries are simple in nature, 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 court below
Patna High Court CR. MISC. No.33628 of 2022(2) dt.22-09-2022 3/3 where the case is pending/Successor Court in Phulparas P.S. Case No.69 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T