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Patna High CourtCR. MISC./48560/2024allowed

Punam Devi v. The State Of Bihar

2024-09-21Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48560 of 2024 Arising Out of PS. Case No.-120 Year-2024 Thana- CHAUTHAM District- Khagaria ====================================================== 1.

Punam Devi W/o Vedo Goswami R/o vill - Deoka, P.S. - Chautham, Distt. - Khagaria 2.

Vedo Goswami S/o Baleshwar Goswami R/o vill - Deoka, P.S. - Chautham, Distt. - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amar Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP.

Ms. Priyanka Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-09-2024 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 307, 379, 447, 504, 506, 34 of the Indian Penal Code.

3. Allegedly, the petitioners are said to have abused and assaulted the informant's mother brutally by means of deadly weapons due to which she sustained injuries. It is further alleged that petitioner no.2 snatched the golden chain from the neck of the informant's mother.

4. It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.48560 of 2024(3) dt.21-09-2024 2/3 that the petitioners are quite innocent and have committed no offence. No such occurrence as alleged has ever taken place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. Both the parties are neighbours and there is previous enmity between them. The injury sustained by the informant's mother was found simple in nature. There is inordinate and abnormal delay of four days in lodging the FIR without assigning any plausible and convincing reason for the said delay. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case as well as considering the nature of the injury sustained by the injured i.e. simple, the above named petitioners, be released on bail, in the 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 Chautham P.S. Case

Patna High Court CR. MISC. No.48560 of 2024(3) dt.21-09-2024 3/3 No. 120 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T