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Patna High CourtCR. MISC./48916/2023bail granted

Kiran Devi v. The State Of Bihar

2023-08-08Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48916 of 2023 Arising Out of PS. Case No.-24 Year-2023 Thana- BHITAHA District- West Champaran ====================================================== 1.

KIRAN DEVI W/O DILLU @ DILESHWAR SINGH R/O VILLAGELAXMIPUR, PS. BHITAHA, DIST. WEST CHAMPARAN (BETTIAH) 2.

SUKHALI DEVI @ SUNAINA SINGH W/O MANINDRA SINGH @ MANINDRA KISHOR SINGH, (M.K. SINGH), R/O VILLAGELAXMIPUR, PS. BHITAHA, DIST. WEST CHAMPARAN (BETTIAH) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Chandra Bhushan Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2023

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307, 302, 447 and 504/34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and are women.

4. The informant alleges that accused persons came and Dillu @ Dileshwar Singh assaulted his father by an iron rod repeatedly causing injury on his head, Manindra Singh assaulted the informant by spear causing injury on his head, Harindra Singh assaulted Satya Prakash Singh by lathi causing fracture of his right wrist and also caused injury on head. Thereafter, it is alleged that the accused persons also assaulted the son of the informant brutally and

Patna High Court CR. MISC. No.48916 of 2023(2) dt.08-08-2023 2/2 the injured were taken to Bhitaha Primary Health Centre from where they were referred to the Sub-Divisional Hospital, Bagaha for better treatment.

5. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the specific allegation of assault is against the named accused persons and petitioners being women and related to the accused persons came to be implicated with general and omnibus allegation.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

7. 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bhitaha P.S. Case No. 24 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T