Vimal Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52116 of 2023 Arising Out of PS. Case No.-101 Year-2023 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== 1.
VIMAL DEVI WIFE OF BAIJU PURBEY RESIDENT OF VILLAGE - CHAMANIPATTI SAPTA, P.S. - RAHIKA, DISTRICT - MADHUBANI 2.
AMIT KUMAR PURBEY SON OF BAIJU PURBEY RESIDENT OF VILLAGE - CHAMANIPATTI SAPTA, P.S. - RAHIKA, DISTRICT - MADHUBANI 3.
GOVIND SAH SON OF MAHADEO SAH RESIDENT OF VILLAGE - CHAMANIPATTI SAPTA, P.S. - RAHIKA, DISTRICT - MADHUBANI 4.
VIBHA DEVI WIFE OF GOVIND SAH RESIDENT OF VILLAGE - CHAMANIPATTI SAPTA, P.S. - RAHIKA, DISTRICT - MADHUBANI ... ... Petitioner/s
Versus
THE STATE OF BIHAR , PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gagan Deo Yadav, Adv.
Mr. Ravi Prakash, Adv.
Mr. Rajesh Kumar, Adv.
For the Opposite Party/s :
Ms.Pushpa Sinha, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-09-2023 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, 307, 427, 354(B), 379, 504, 506, 34 of the Indian Penal Code.
3. The prosecution case, in brief, is that on 24.03.2023 at about 04:30 pm, when she was at her shop, petitioner no.1 came to her and started abusing. On objection, all the accused persons, armed with various weapons, came there and petitioner no.2 assaulted her by means of an iron rod on her head as a
Patna High Court CR. MISC. No.52116 of 2023(3) dt.12-09-2023 2/3 result of which she sustained cut injury. Petitioner no.3 also assaulted her with lathi. Hearing the hue and cry, when the informant's daughter and son came there to save her, they were also assaulted.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The injuries sustained by the injured persons were found simple in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case as well as considering the nature of the injuries sustained by the injured i.e. simple, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is
Patna High Court CR. MISC. No.52116 of 2023(3) dt.12-09-2023 3/3 pending/successor Court in connection with Town P.S. Case No. 101 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T