Sabiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37870 of 2023 Arising Out of PS. Case No.-218 Year-2023 Thana- JAMUI District- Jamui ====================================================== 1.

Sabiya Devi W/O Shiv Kumar Mandal R/O Village- Lagma, Ps. Jamui, Dist. Jamui 2.

Manoj Kumar Mandal @ Anuj Kumar Mandal S/O Shiv Kumar Mandal R/O Village- Lagma, Ps. Jamui, Dist. Jamui 3.

Krishna Mandal S/O Shiv Kumar Mandal R/O Village- Lagma, Ps. Jamui, Dist. Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-08-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 379, 506/34 of the Indian Penal Code.

3. Petitioners are said to have assaulted the informant, her husband and daughter by means of axe.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that doctor has found one injury is grievous which is on vital part of body of daughter of the informant and except this all injuries are simple in nature of

Patna High Court CR. MISC. No.37870 of 2023(2) dt.01-08-2023 2/3 husband and daughter of the informant caused by hard and blunt object. He submits that there is general and omnibus allegation levelled against the petitioner nos. 1 and 2. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

5. Learned APP for the State opposing the prayer for bail submit that there is specific allegation against the petitioner no. 3 who assaulted with axe on the head of husband and daughter of the informant.

6. Considering the facts and circumstances of the case, let the above named petitioner nos. 1 and 2 in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 where the case is pending/successor court in connection with Jamui P.S. Case No. 218 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. So far as petitioner no. 3 is concerned, there is specific overt act against him, I am not inclined to enlarge the petitioner no. 3 on bail. Accordingly, his prayer for anticipatory

Patna High Court CR. MISC. No.37870 of 2023(2) dt.01-08-2023 3/3 bail is rejected in connection with the aforesaid case. (Anjani Kumar Sharan, J) devendra/- U T