Malti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42475 of 2022 Arising Out of PS. Case No.-305 Year-2022 Thana- FATUA District- Patna ====================================================== 1.
MALTI DEVI W/o Suresh Prasad R/o village- Momindpur, P.S.- Fatuha, Distt.- Patna 2.
Ranju Devi W/o Dinesh Deva R/o village- Momindpur, P.S.- Fatuha, District- Patna, at present R/o Mohalla- G.D. Colony, Near M.C.D. Officer Mayur Vhar Phase- 3, Vasundhra Enclave, East Delhi ... ... 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. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-12-2022 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 341, 323, 448, 307, 354, 504, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioner no.1 has antecedent of one case and petitioner no. 2 is a person with clean antecedents and are women and the informant alleges that on 13.04.2022, four named accused persons, including the petitioners, came and started abusing her, on which she protested, thereafter Dinesh assaulted her with an iron rod causing injury on her head, thereafter Suresh
Patna High Court CR. MISC. No.42475 of 2022(2) dt.13-12-2022 2/3 assaulted her with lathi causing injury on her left shoulder and when she raised alarm all the accused entered and Dinesh and Suresh molested and misbehaved with the informant, further it is alleged that petitioner nos. 1 and 2 took away cash and other articles and fled from the house.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, it is next submitted that from bare perusal of the allegation as alleged in the FIR, it would manifest that specific allegation of assault is against Dinesh and Suresh and the petitioners have been robbed with ornamental allegation as alleged in the FIR.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Fatuha
Patna High Court CR. MISC. No.42475 of 2022(2) dt.13-12-2022 3/3 P.S. Case No. 305 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Shivam/- U T