Aarti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5277 of 2021 Arising Out of PS. Case No.-198 Year-2020 Thana- BARARI District- Katihar ====================================================== 1.

AARTI DEVI Wife of Gopal Mandal Resident of Village- Simiya, Hafla, P.S.- Mansahi, District- Katihar.

2.

Bharti Devi Wife of Sanjay Mandal @ Sanjay Prasad Mandal Resident of Village- Simiya, Hafla, P.S.- Mansahi, District- Katihar. 3.

Gopal Mandal Son of Ghogha Mandal Resident of Village- Simiya, Hafla, P.S.- Mansahi, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harish Chandra Patel, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-06-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State through video conferencing. The petitioners have filed the instant application for grant of regular bail in connection with Barari P.S. Case No. 198 of 2020 registered under sections 326 A, 323, 341, 342, 379, 448 and 34 of the Indian Penal Code.

As per allegation in the F.I.R., it is stated that the six named accused persons including the three petitioners herein as also four unknown persons tied up the informant and poured acid on him as a result of which he sustained injuries. It is submitted by learned counsel for the petitioners that the petitioners happen to be the sister-in-law (wife's sister), wife and brother-in-law (wife's sister's husband) of the

Patna High Court CR. MISC. No.5277 of 2021(3) dt.28-06-2021 2/2 informant. The allegations levelled against the petitioners are false and concocted. They have been falsely implicated in this case because of family dispute. The allegations are general and omnibus in nature. The petitioners are in custody since 9.8.2020 and investigation in the case has concluded. The petitioners have no criminal antecedent.

The application for bail is opposed by learned A.P.P. for the State who submits that the allegations are supported by the injury report.

Having heard learned counsel for the parties and taking into consideration the allegations being general and omnibus in nature and the petitioners having remained in custody for over 10 months, the Court is inclined to enlarge petitioners on bail. The three petitioners are directed to be enlarged on bail in connection with Barari P.S. Case no. 198 of 2020 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 Chief Judicial Magistrate, Katihar.

(Partha Sarthy, J) Prakash/- U T