Sangeeta Devi @ Sangita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51772 of 2021 Arising Out of PS. Case No.-161 Year-2021 Thana- BRAHMPURA District- Muzaffarpur ====================================================== 1.
SANGEETA DEVI @ SANGITA DEVI W/o VIJAY PASWAN R/o MOHALLA-JHITKAHIYAN, P.S- BRAHAMPURA, DISTRICTMUZAFFARPUR. 2.
RAKHI KUMARI D/o VIJAY PASWAN R/o MOHALLA-JHITKAHIYAN, P.S- BRAHAMPURA, DISTRICT-MUZAFFARPUR.
3.
VIJAY PASWAN S/o YUGESHWAR PASWAN R/o MOHALLAJHITKAHIYAN, P.S- BRAHAMPURA, DISTRICT-MUZAFFARPUR. ... ... Petitioners.
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hari Kishore Thakur For the Opposite Party/s :
Mr. Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-05-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioners undertakes to remove the defects within four weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.
At the very outset, learned counsel for the petitioners seeks permission to withdraw this application in respect of petitioner no.3, submitting that he does not want to press this application in respect of petitioner no.3.
Permission is granted.
Patna High Court CR. MISC. No.51772 of 2021(2) dt.06-05-2022 2/3 Accordingly, this application is dismissed as withdrawn as not pressed in respect of petitioner no.3 only. Now, this application survives for petitioner nos.1 and 2.
Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 307, 354, 379 and 504 of the Indian Penal Code. The accusation against these petitioners is that they caused injuries to the informant and her husband. The reason behind the occurrence is said to be row over pathway. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to previous grudge. Both the parties are on litigating term for the use of road and the government land near their house as both the parties are next door neighbour. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners have no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the
Patna High Court CR. MISC. No.51772 of 2021(2) dt.06-05-2022 3/3 event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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 lower Court where the case is pending/successor Court in connection with Brahampura P.S. Case No. 161 of 2021, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) Trivedi/- U T