Binda Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36104 of 2024 Arising Out of PS. Case No.-332 Year-2023 Thana- THAWE District- Gopalganj ====================================================== 1.
Binda Devi Wife of Suresh Pal @ Suresh Manjhi Resident of Village - Lohr Patti, P.S.- Thawe, District - Gopalganj.
2.
Manisha Devi @ Manish Devi @ Manisha Kumari Daughter of Suresh Pal @ Suresh Manjhi Resident of Village - Lohr Patti, P.S.- Thawe, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anjani Parashar, Advocate For the Opposite Party/s :
Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 26-06-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.
2. The petitioners apprehend their arrest in connection with Thawe P.S.Case No. 332 of 2023 dated 14.11.2023 instituted for the offence punishable under Sections 341, 323, 324, 326, 504 and 506/34 of the Indian Penal Code.
3. The case of prosecution, in short is that the informant's elder brother demanded Rs. 20,000/- from the informant and upon denial to give money, the petitioners along with other co- accused persons assaulted him and the petitioner no. 2 is said to have assaulted by means of lathi on the
Patna High Court CR. MISC. No.36104 of 2024(2) dt.26-06-2024 2/3 shoulder of the informant. There is no allegation of assault against the petitioner no. 1.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. The specific allegation of assault is against co-accused Suresh Pal @ Suresh Manjhi. The petitioner no. 1 is wife of the said co-accused and petitioner no. 2 is daughter. It is further submitted that there is general and omnibus allegation against the petitioners. The injury caused by the petitioner no. 1 is not on the record as per the impugned order. It is lastly submitted that petitioners have no criminal antecedents.
5. Learned A.P.P for the State has opposed the prayer for bail of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of the learned counsel for the parties, in the event of arrest/ surrender of the petitioners within a period of six weeks from today, in connection with Thawe P.S.Case No. 332 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 C.J.M, Gopalganj or appropriate Court Below, subject to condition as laid down under Section 438(2) of the
Patna High Court CR. MISC. No.36104 of 2024(2) dt.26-06-2024 3/3 Cr.P.C.
7. The application stands allowed.
(Khatim Reza, J) N.K/- U T