Sujanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58661 of 2021 Arising Out of PS. Case No.-17 Year-2021 Thana- DELHA District- Gaya ====================================================== 1.

SUJANTI DEVI WIFE OF RAJENDRA PRASAD R/O MOHALLAKHARKHURA BHAT BIGHA, ROAD NO.5, P.S.- DELHA, DISTRICTGAYA 2.

RAJENDRA PRASAD SON OF LATE BAIKUNTH BHAGAT R/O MOHALLA- KHARKHURA BHAT BIGHA, ROAD NO.5, P.S.- DELHA, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Delha P.S. Case no. 17 of 2021 instituted for the offence punishable under Sections 341, 323, 379, 504, 308/34 of the Indian Penal Code. As per allegation in the FIR, the informant was sitting besides the sites where construction work of a wall was going on, in the meantime accused persons came there and thrown the said brick on the informant due to which he sustained head injury and other coaccused persons have also assaulted him. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have been falsely

Patna High Court CR. MISC. No.58661 of 2021(3) dt.04-07-2022 2/2 implicated in this case. Petitioners are uncle and aunt of the informant. During course of investigation, none of the witnesses have supported the prosecution case. There is admitted land dispute between the parties. It reveals from injury report that injured has received simple injury caused by hard and blunt substance. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Delha P.S. Case no. 17 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Gaya subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U