Meena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38672 of 2020 Arising Out of PS. Case No.-238 Year-2020 Thana- GOGRI District- Khagaria ====================================================== 1.

MEENA DEVI Wife of Subodh Singh Resident of Village - Nisad Tola (Poura), P.S. - Gogri (Poura), District - Khagaria 2.

Bhagwati Devi Wife of Jaiprakash Singh Resident of Village - Nisad Tola (Poura), P.S. - Gogri (Poura), District - Khagaria 3.

Jaiprakash Singh Son of Late Kamleshwari Singh Resident of Village - Nisad Tola (Poura), P.S. - Gogri (Poura), District - Khagaria 4.

Ankit Kumar Son of Jaiprakash Singh Resident of Village - Nisad Tola (Poura), P.S. - Gogri (Poura), District - Khagaria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the informant :

Mr. Binod Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-08-2021 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioners are apprehending their arrest in connection with Gogri (Poura) P.S. Case No. 238 of 2020 registered for the offence under Sections 147, 149, 341, 323, 307, 504, 506, 302 of the Indian Penal Code.

Prosecution case in short is that in the backdrop of land

Patna High Court CR. MISC. No.38672 of 2020(2) dt.02-08-2021 2/3 dispute, hot exchange of words took place between the parties and as a consequence thereof, the informant and his family members were assaulted and ultimately, the informant's brother succumbed to the injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. The allegation of assault is alleged against coaccused Subodh Singh. So far these petitioners are concerned, no allegation of assault to the deceased is alleged against them. The petitioners are alleged to have assaulted the informant. The petitioner Nos. 1 & 2 are ladies. The nature of injury is said to be simple. No offence u/S 307 of the Indian Penal Code is made out against these petitioners.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of

Patna High Court CR. MISC. No.38672 of 2020(2) dt.02-08-2021 3/3 learned Chief Judicial Magistrate, Khagaria in connection with Gogri (Poura) P.S. Case No. 238 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T