Ramawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37201 of 2023 Arising Out of PS. Case No.-595 Year-2022 Thana- KESARIA District- East Champaran ====================================================== 1.

Ramawati Devi W/O Sanjay Rai R/O Vill. Pachhiyari Tola, Ward No. 2, Sundarpur Ps. Kesariya, Dist. East Champaran 2.

Maya Devi W/O Surat Rai R/O Vill. Pachhiyari Tola, Ward No. 2, Sundarpur Ps. Kesariya, Dist. East Champaran 3.

Surat Rai S/O Late Raja Rai R/O Vill. Pachhiyari Tola, Ward No. 2, Sundarpur Ps. Kesariya, Dist. East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar, Advocate For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-07-2023 1.

Heard the learned counsel for the petitioners and learned APP for the State.

2.

This is an application for grant of anticipatory bail in connection with Kesariya P.S. Case No.595 of 2022, registered for offences under Sections 341, 323, 324, 307, 354, 379, 504, 506/34 of the IPC.

3.

The allegation is regarding the accused persons, including the petitioners herein, having abused and assaulted the informant and his family members with sticks and knife, resulting in them

Patna High Court CR. MISC. No.37201 of 2023(2) dt.21-07-2023 2/3 sustaining injuries.

4.

The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case and they are having a clean antecedent. The learned counsel for the petitioners has further submitted that as far as the petitioners are concerned, a general and omnibus allegation has been levelled and the injuries, if any, attributable to them, have been found to be simple in nature. 5.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioners are having a clean antecedent and the injuries, if any, sustained by the members of the prosecution party, attributable to the petitioners herein, have been found to be simple in nature, I deem it fit and proper to admit the

Patna High Court CR. MISC. No.37201 of 2023(2) dt.21-07-2023 3/3 petitioners to the privilege of anticipatory bail. 7.

Accordingly, the above named petitioners are directed to be enlarged on anticipatory bail, in the event of their arrest or surrender before the court below, within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Kesariya P.S. Case No.595 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) kanchan/- U T