Patna High CourtCR. MISC./48169/2024bail rejected

Dilip Das v. The State Of Bihar

2024-08-07Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48169 of 2024 Arising Out of PS. Case No.-49 Year-2024 Thana- MANSI District- Khagaria ====================================================== 1.

DILIP DAS SON F NAGESHWAR DAS VILLAGE- EKANIYA, P.S.- MANSI, DISTT.- KHAGARIA 2.

BIKASH DAS @ BIKASH KUMAR SON OF NAGESHWAR DAS VILLAGE- EKANIYA, P.S.- MANSI, DISTT.- KHAGARIA ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Ms.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-08-2024 Heard the parties.

2. The petitioners are apprehending arrest in connection with Mansi P.S. Case No. 49/2024 instituted under Sections 447, 448, 323, 307/34 of the Indian Penal Code lodged on 17.02.2024 by the informant, Jyoti Devi.

3. As per the prosecution story, the informant alleged that the named accused persons entered her house and assaulted her by belt and wooden stick and further tried to press her neck. She anyhow escaped and with the help of ambulance went to Sadar Hospital, Mansi from where she was referred to Khagaria. Accordingly, the FIR.

4. Learned counsel for the petitioners submit that

Patna High Court CR. MISC. No.48169 of 2024(2) dt.07-08-2024 2/2 omnibus allegation is made against the accused persons and they do not have criminal antecedent.

5. Learned APP on the other hand submits that a perusal of the order-sheet of learned Sessions Judge would show that the charges against both the petitioners are specific which has come in the case diary.

6. Taking into account the allegation that has come against the petitioners, it would be appropriate that they seek bail.

7. The anticipatory bail application stands rejected.

8. If, however, the petitioners surrender and pray for bail in next four weeks, the same shall be taken up and dispose it of preferably on the same day.

(Rajiv Roy, J) Ravi/- U T