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Patna High CourtCR. MISC./45182/2023disposed

Bhulli Devi v. The State Of Bihar

2023-09-05Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45182 of 2023 Arising Out of PS. Case No.-178 Year-2022 Thana- BAHERI District- Darbhanga ====================================================== 1.

BHULLI DEVI W/O- TEJ NARAYANA YADAV R/V- PAR, PS- BAHERI, DIST- DARBHANGA 2.

SATRUDHAN YADAV @ SATRUDHAN SON OF TEJ NARAYAN YADAV R/V- PAR, PS- BAHERI, DIST- DARBHANGA 3.

BHARAT YADAV SON OF TEJ NARAYAN YADAV R/V- PAR, PSBAHERI, DIST- DARBHANGA ... ... PETITIONER/S

VERSUS

THE STATE OF BIHAR ... ... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-09-2023 At the outset, learned counsel for the petitioners seeks permission to withdraw the pre-arrest bail petition of petitioner no.3, Bharat Yadav.

2. This bail petition in respect of petitioner no.3, Bharat Yadav is dismissed as withdrawn.

3. Heard learned counsel for the petitioner nos.1 and 2 and the State.

4. Petitioners apprehend their arrest in a case

Patna High Court CR. MISC. No.45182 of 2023(3) dt.05-09-2023 2/3 registered for the offence punishable under Sections 341, 323, 324, 308, 379, 504/34 of the Indian Penal Code.

5. Allegation against petitioner nos.1 and 2 is to abuse and assault the informant and her family members.

6. It is submitted on behalf of the petitioners that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation of assault against these petitioners and no overt act is alleged against them. Doctor has found simple injury. Specific allegation of assault is against co-accused, namely, Tej Narayan Yadav. Petitioners claim clean antecedent.

7. Learned counsel for the State oppose the bail petition.

8. Considering the aforesaid facts and circumstances of the case as well as nature of injury, in the event of arrest or surrender within six weeks from today, let petitioner nos.1 and 2 (Bhulli Devi and Satrudhan Yadav @ Satrudhan respectively), be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 7th, Darbhanga, in connection with Baheri P.S. Case No. 178 of 2022, subject to the conditions laid down under section 438(2) of the Code of

Patna High Court CR. MISC. No.45182 of 2023(3) dt.05-09-2023 3/3 Criminal Procedure.

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