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Patna High CourtCR. MISC./49457/2021disposed

Sujata Devi v. The State Of Bihar

2022-06-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49457 of 2021 Arising Out of PS. Case No.-200 Year-2021 Thana- MASHRAK District- Saran ====================================================== 1.

SUJATA DEVI W/o Pinju Kumar Resident of Village - Bahrauli, P.S.- Mashrak, Distt.- Chhapra, Saran.

2.

Manish Prasad Son of Mahabir Prasad Resident of Village - Bahrauli, P.S.- Mashrak, Distt.- Chhapra, Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Maheshwar Prasad For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-06-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Section 307, 379 & other allied sections of the Indian Penal Code.

As per F.I.R., petitioner no. 2 assaulted informant by Farsa on her head, as a result of which, informant sustained grievous injury. So far as petitioner no. 1 is concerned, there is no allegation of assault against her.

It is submitted on behalf of petitioners that there is case and counter case and both sides sustained injuries. Petitioners claim clean antecedent.

Considering the fact that there is specific allegation of assault against petitioner no. 2, his prayer for anticipatory bail is refused.

Patna High Court CR. MISC. No.49457 of 2021(2) dt.21-06-2022 2/2 So far as prayer for anticipatory bail of petitioner no. 1 namely Sujata Devi is concerned, since there is no allegation of assault against her, in the event of her arrest/surrender within a period of six weeks from today, she is directed to be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Chapra, Saran in connection with Mashrak P.S. Case No. 200 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

The petition is, accordingly, disposed of.

(Prabhat Kumar Singh, J) anay/- U T