Malti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54489 of 2023 Arising Out of PS. Case No.-646 Year-2022 Thana- MADANPUR District- Aurangabad ====================================================== 1.
Malti Devi Wife Of Yogendra Ram Resident Of Village-Parora, P.S.- Madanpur, District-Aurangabad (Bihar) 2.
Jayanti Devi Wife Of Nagendra Ram Resident Of Village-Parora, P.S.- Madanpur, District-Aurangabad (Bihar) 3.
Pankaj Kumar Son Of Late Yogendra Ram Resident Of Village-Parora, P.S.- Madanpur, District-Aurangabad (Bihar) 4.
Nagendra Ram Son Of Late Yogendra Ram Resident Of Village-Parora, P.S.- Madanpur, District-Aurangabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailesh Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-08-2023 Heard learned Counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 448, 341, 323, 308, 504/34 of the Indian Penal Code.
3. As per the prosecution, the F.I.R. has been lodged against 5 named accused persons including the petitioners. As per the F.I.R., the allegation has been made by the informant that all the accused persons have entered with some unknown persons and attacked by bricks, stones, iron rod, sabal etc., in which certain persons were injured and referred to hospital.
4. Counsel for the petitioners submits that petitioners and informant both are the resident of the same village and they belong to same agnates. Counsel submits that for the same date
Patna High Court CR. MISC. No.54489 of 2023(2) dt.23-08-2023 2/2 and place of occurrence, there is a case and counter-case bearing Madanpur P.S. Case No. 646 of 2022 and Madanpur P.S. Case No. 647 of 2022 filed from the informant's and petitioners' side respectively.
5. Counsel further submits that the injury took place from both the sides. Counsel submits that from Annexure-2 which is injury report, it has been clear that all the injuries are simple in nature.
6. Learned APP for the State opposes the prayer for bail.
7. In the facts and circumstances., let the abovenamed petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of 6 weeks from today, on furnishing bail bond of 30000/- (thirty ₹ thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Madanpur P.S. Case No. 646 of 2022 , subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dr. Anshuman, J.) prakashmani/- U T