Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56244 of 2023 Arising Out of PS. Case No.-264 Year-2022 Thana- GOVINDGANJ District- East Champaran ====================================================== 1.

BABITA DEVI WIFE OF SHIV RAUT RESIDENT OF VILLAGE - MANGURAHA, P.S. - GOVINDGANJ, DISTRICT - EAST CHAMPARAN 2.

PUNNI DEVI WIFE OF NIKU RAUT RESIDENT OF VILLAGE - MANGURAHA, P.S. - GOVINDGANJ, DISTRICT - EAST CHAMPARAN 3.

SHOBHA KUMARI @ SHOBHA DEVI DAUGHTER OF BALESHWAR RAUT RESIDENT OF VILLAGE - MANGURAHA, P.S. - GOVINDGANJ, DISTRICT - EAST CHAMPARAN 4.

MANISH KUMAR SON OF SHIV RAUT RESIDENT OF VILLAGE - MANGURAHA, P.S. - GOVINDGANJ, DISTRICT - EAST CHAMPARAN 5.

NIKU KUMAR @ NIKU RAUT SON OF LATE BANKA RAUT RESIDENT OF VILLAGE - MANGURAHA, P.S. - GOVINDGANJ, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-09-2023 Heard the parties.

2.

Petitioners apprehend their arrest in a case registered for the offence punishable u/s 147, 149, 341, 323, 307, 354, 379, 504 of the IPC.

3.

As per the prosecution case, allegation upon the petitioners is that they along with other accused persons assaulted the informant's side by means of deadly weapons. 4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.56244 of 2023(3) dt.15-09-2023 2/2 They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. For the alleged occurrence, there is case and counter-case between the parties and both sides have sustained injuries. There is general and omnibus allegation against all the accused persons. Though, there is allegation against petitioner no.4 to assault Dugen Patel by means of iron rod but the injury was found simple in nature as per Annexure-3. Petitioners have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since the injuries are simple in nature, 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 Govindganj P.S. Case No.264 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T