Ranju Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42100 of 2024 Arising Out of PS. Case No.-390 Year-2020 Thana- PATNA CITY CHOWK District- Patna ====================================================== 1.
RANJU DEVI W/O- SURENDR PRASAD R/O- MOHALLA GANESHLAL ROAD PATAN CITY, P.S.- PATNA CITY CHOWK DISTRICT- PATNA 2.
SURENDRA PRASAD SON OF JANARDHAN PRASAD R/OMOHALLA GANESHLAL ROAD PATAN CITY, P.S.- PATNA CITY CHOWK DISTRICT- PATNA 3.
ANKIT KUMAR SON OF SURENDRA PRASAD R/O- MOHALLA GANESHLAL ROAD PATAN CITY, P.S.- PATNA CITY CHOWK DISTRICT- PATNA 4.
ANSHU KUMAR SON OF SURENDRA PRASAD R/O- MOHALLA GANESHLAL ROAD PATAN CITY, P.S.- PATNA CITY CHOWK DISTRICT- PATNA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bindeshwar Prasad Singh, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-07-2024 Heard learned Counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Patna City Chowk P.S. Case No. 390 of 2020 for the offence registered under sections 341, 323, 308, 379, 504, 506 and 34 of the Indian Penal Code lodged on 26.11.2020 by the informant, Sri Lakki.
3. As per the prosecution story, the informant alleged that due to minor dispute, the informant's uncle came with anti-
Patna High Court CR. MISC. No.42100 of 2024(2) dt.10-07-2024 2/3 social elements and thereafter assaulted the family. Accordingly, the F.I.R.
4. Learned Counsel for the petitioners submit that they are own brothers, Title suit is pending between them, a counter case has also been lodged, no injury is on record. It is his further submission that earlier they were given the benefit of section 41(i) of the Cr.P.C. and now that the charge sheet has been filed, this petition.
5. Learned APP, Mr. Bharat Bhushan, on the other hand, opposes the prayer for anticipatory bail submitting that allegation of assault is against the accused persons.
6. Taking into account the aforesaid facts, the case and counter case, the injury report is not on record, as per the stand of the petitioners, none of them have criminal antecedents, some of them are ladies, this Court is inclined to extend them privilege of anticipatory bail.
7. Let the petitioners in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Patna City, Patna in connection with Patna City Chowk P.S.
Patna High Court CR. MISC. No.42100 of 2024(2) dt.10-07-2024 3/3 Case No. 390 of 2020 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioners, who shall provide official document to show their bona fide;
(ii) the petitioners shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial court itself;
(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of their bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Neha/- U T