Urmila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35835 of 2023 Arising Out of PS. Case No.-15 Year-2023 Thana- TARARI District- Bhojpur ====================================================== 1.
Urmila Devi, aged about 40 years, female, Wife of - Rajendra Ray VillageJaithwar P.S.- Tarari Dist- Bhojpur 2.
Mina Devi, aged about 42 years, female, wife of Jitendra Ray VillageJaithwar P.S. - Tarari Dist- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Tarari P.S. Case No. 15 of 2023 dated 18.01.2023, instituted for the offences punishable under Sections 447, 341, 323, 307, 504, 506, 34 of the Indian Penal Code.
3. The prosecution case, in short, is that on 26.01.2023 at about 07:00 pm, two accused persons in drunken state came and forced informant's husband to play indecent music and on objection, they came back along with other accused persons and physically assaulted the informant's husband. It is further alleged that on shouting when the informant's family came to rescue, then petitioner nos. 1 and 2 along with other accused persons assaulted the informant's son and daughter and caused grievous injury.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.35835 of 2023(2) dt.21-07-2023 2/2 petitioners are innocent and they have been falsely implicated in this case. From perusal of F.I.R., it transpires that allegations are general and omnibus and there is no specific allegation against the petitioners. Petitioners are named in the alleged occurrence due to enmity. It is further submitted that in course of investigation, no reliable material is brought on record to suggest the complicity of the petitioners in the offence. Lastly, it has been submitted that they have no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner in connection with Tarari P.S. Case No. 15 of 2023, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate First Class, Bhojpur at Ara, subject to condition as laid down under Section 438(2) of the Cr.P.C.
annpurna/- (Khatim Reza, J) U T