Shaila Devi @ Shaila Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57568 of 2023 Arising Out of PS. Case No.-187 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== 1.
SHAILA DEVI @ SHAILA KUMARI WIFE OF RAMESH KUMAR RAI, D/O SURESH RAI RESIDENT OF VILLAGE- HARDASPUR, P.S.- MOHANPUR O.P., DISTRICT- VASHALI 2.
SURESH RAI SON OF NOKHA RAI RESIDENT OF VILLAGEHARDASPUR, P.S.- MOHANPUR O.P., DISTRICT- VASHALI ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yatindra Narayan For the Opposite Party/s :
Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-03-2024 Heard learned counsel for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 504/34 of the Indian Penal Code and Section 27 of Arms Act.
3. As per the FIR, the petitioners along with other coaccused persons, in conspiracy with each others tried to kill the informant due to which he got severely injured.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act
Patna High Court CR. MISC. No.57568 of 2023(5) dt.19-03-2024 2/2 against the petitioners. He further submits that though the injury sustained by the informant is of grievous nature but the petitioners are not the authors of the said injury. The specific allegation is against the co-accused Ranjit Rai. Petitioners have no criminal antecedent.
5. Learned APP for the State opposed the prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case as well as considering that the petitioners are not the authors of the grievous injury, 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 court below where the case is pending/Successor Court in connection with Bidupur P.S. Case No.187 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T