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Patna High CourtCR. MISC./48091/2022bail granted

Duro Devi v. The State Of Bihar

2022-12-13Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48091 of 2022 Arising Out of PS. Case No.-59 Year-2022 Thana- JADIA District- Supaul ====================================================== 1.

DURO DEVI W/o Vivek Kumar Mehta @ Vivek Kumar Resident of Village- Tamkulaha, Ward No.16, P.S.- Jadia, District- Supaul 2.

Jagdish Mehta S/o Lakhichand Mehta Resident of Village- Tamkulaha, Ward No.16, P.S.- Jadia, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamal Kishore Singh For the Opposite Party/s :

Mr.Umeshanand Pandit,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-12-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Section 302/34 of the Indian Penal Code.

As per prosecution case, co-accused Vivek Kumar Mehta gave spade blow on the head and rib cage of husband of the informant, whereas, petitioner no. 1 pushed him down on the ground and petitioner no. 2 threatened to kill him. It is submitted on behalf of petitioners that specific accusation of overt act is against co-accused Vivek Kumar Mehta. So far as these petitioners are concerned, there is general and omnibus allegation. Police after investigation submitted chargesheet under Section 304/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.48091 of 2022(2) dt.13-12-2022 2/2 Petitioners have got clean antecedent.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - V, Supaul in connection with Jadia P.S. Case No. 59 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T