Madhu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56476 of 2021 Arising Out of PS. Case No.-610 Year-2020 Thana- SIKARPUR District- West Champaran ====================================================== 1.

Madhu Devi W/O Badu Chaudhary @ Badu Sahani R/O Village-Mahuawa Bishunpurwa, P.S-Shikarpur, District-West Champaran. 2.

Badu Chaudhary @ Badu Sahani S/O Late Mahavir Chaudhary R/O VillageMahuawa Bishunpurwa, P.S-Shikarpur, District-West Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Zainul Abedin For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Shikarpur P.S. Case no. 610 of 2020 instituted for the offence punishable under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code.

As per allegation in the FIR, when the informant was at her house and cleaning the wall, both the petitioners, came there and started to abuse her. On protest, both have assaulted the informant resulting into head injury. Her brother was also beaten up by them when he came there to rescue the informant. It is further alleged that they took away Rs. 2000/- from the pocket of her brother.

Learned counsel appearing on behalf of the petitioners

Patna High Court CR. MISC. No.56476 of 2021(2) dt.25-04-2022 2/2 has submitted that petitioners are innocent and have committed no offence. They have got no criminal antecedent. Petitioners are next door neighbour of the informant. General and omnibus allegations have been levelled against them. In the impugned order, nature of injury is not mentioned. It is submitted by learned counsel for the petitioner that nature of injury is simple. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Shikarpur P.S. Case no. 610 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, West Champaran at Bettiah subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U