Lal Babu Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55470 of 2023 Arising Out of PS. Case No.-231 Year-2020 Thana- BABUBARHI District- Madhubani ====================================================== 1.

Lal Babu Mehta, Son of Late Nand Kishore Mehta, Resident of VillageKulahariya, P.S.- Babubarhi, District- Madhubani. 2.

Sudha Devi, Wife of Anil Mehta @ Anil Kumar Mehta, Resident of VillageKulahariya, P.S.- Babubarhi, District- Madhubani. 3.

Juhi Kumari, Daughter of Anil Mehta @ Anil Kumar Mehta, Resident of Village- Kulahariya, P.S.- Babubarhi, District- Madhubani. 4.

Monika Devi, Wife of Late Santosh Mehta, Resident of Village- Kulahariya, P.S.- Babubarhi, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-08-2023

1. At the outset, learned counsel for the petitioners seeks permission to withdraw the application for anticipatory bail, so far as petitioner no.2 namely Sudha Devi is concerned, with liberty to file a separate anticipatory bail application.

2. The payer is allowed.

3. The application for anticipatory bail of petitioner no.2 stands disposed of as withdrawn with the aforesaid liberty.

4. Heard learned counsel for the petitioners nos. 1, 3 and 4 and learned A.P.P. for the State.

5. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection

Patna High Court CR. MISC. No.55470 of 2023(2) dt.25-08-2023 2/3 with Babubarhi P.S. Case no. 231 of 2020, registered under sections 307, 341, 323, 324, 379, 504 and 34 of the Indian Penal Code.

6. As per the prosecution case, the accused persons are said to have come variously armed and of having assaulted the informant and his family members leading to grievous injuries.

7. Learned counsel for the petitioners submits that so far as petitioner nos. 1, 3 and 4 are concerned, the allegation of assault is not against them. They have been falsely implicated in the case and have no criminal antecedent.

8. The application for bail is opposed by learned A.P.P. for the State.

9. Having perused the allegations in the F.I.R, there being no allegation of overt-act against the three petitioners herein, it is directed that the petitioners namely Lal Babu Mehta (petitioner no.1), Juhi Kumari (petitioner no.3) and Monika Devi (petitioner no.4), in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Babubarhi P.S. Case no. 231 of 2020, on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the

Patna High Court CR. MISC. No.55470 of 2023(2) dt.25-08-2023 3/3 like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, District- Madhubani. (Partha Sarthy, J) avinash/- U T