Janki Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48646 of 2024 Arising Out of PS. Case No.-12 Year-2024 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== 1.
Janki Devi WIFE OF NAND SAH VILLAGE- SRIRAMPUR, PS- ASHOK PAPER MIL (APM), DIST- DARBHANGA 2.
NAND SAH SON OF LATE KANJU SAH VILLAGE- SRIRAMPUR, PSASHOK PAPER MIL (APM), DIST- DARBHANGA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Patel, Advocate For the Opposite Party/s :
Mr. Kalyan Shankar, APP For the Informant :
Mr. Manish Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-08-2024
1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Ashok Paper Mill P.S. Case no. 12 of 2024 registered under sections 307, 341, 323, 324, 325, 379, 354B, 504, 506 and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant states that the five named accused persons came variously armed. On the orders of petitioner no.1, it is stated that Govind Sah assaulted with a farsa leading to serious injuries being caused to the informant.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.48646 of 2024(2) dt.07-08-2024 2/3 petitioners have been falsely implicated in the case. The petitioner no.1, who happens to be a lady has been described as an order giver while the allegations against petitioner no.2 are general and omnibus in nature. It is further submitted that though injuries have been found to be grievous in nature, however, the same is attributable to co-accused Govind Sah and not the petitioners herein. The petitioners have no criminal antecedent and undertake to cooperate in the case.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State and learned counsel for the informant. Learned counsel for the informant submits that besides being named in the FIR, the petitioner no.1 is said to be an order giver and there is allegation against both the petitioners leading to grievous injuries on the informant.
6. Having heard learned counsel for the parties and having perused the allegations against the petitioners in the FIR, the petitioner no.1 at best having been described as an order giver while the allegation against the petitioner no.2 being general and omnibus in nature together with the specific allegation of assault with farsa on the head of the informant being solely attributable to co-accused Govind Sah, it is directed that both the petitioners, above named, in the event of their
Patna High Court CR. MISC. No.48646 of 2024(2) dt.07-08-2024 3/3 arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Ashok Paper Mill P.S. Case no. 12 of 2024 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateIX, Darbhanga. (Partha Sarthy, J) Shiv/- U T