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Patna High CourtCR. MISC./57218/2022allowed

Meena Devi v. The State Of Bihar

2023-01-02Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57218 of 2022 Arising Out of PS. Case No.-371 Year-2021 Thana- BALIYA District- Begusarai ====================================================== 1.

MEENA DEVI Wife of Lalan Yadav R/V- Bari Ballia, P.S- Ballia, DistBegusarai 2.

Santosh Yadav Son of Lalan Yadav R/V- Bari Ballia, P.S- Ballia, DistBegusarai 3.

Dilkhush Yadav Son of Lalan Yadav R/V- Bari Ballia, P.S- Ballia, DistBegusarai 4.

Ugan Yadav @ Ugresh Yadav Son of Karelal Yadav R/V- Manserpur, P.SBallia, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-01-2023 Heard both sides.

The petitioners apprehend their arrest in connection with Ballia P.S. Case No.371 of 2021, registered for the offences punishable under Sections 341, 323, 307, 504, 506, and 34 of the Indian Penal Code.

Petitioner No.2, Santosh Yadav is said to have assaulted the informant by means of brick. When the husband of the informant came to save her, all accused persons assaulted him with iron rod causing injuries to him. The accused persons also assaulted the son of the informant by means of fists and slaps. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the

Patna High Court CR. MISC. No.57218 of 2022(2) dt.02-01-2023 2/2 present case. It is submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that there is case and counter case between the parties. It is submitted that there is general and omnibus allegation against the petitioners. It is further submitted that the husband of the informant and co-accused, Lalan Yadav are own brothers. Some dispute arose between them regarding expenditure incurred in the last rites of their father. Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Taking into consideration the fact that the informant and co-accused, Lalan Yadav are own brothers, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai in connection with Ballia P.S. Case No.371 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) S.KUMAR/- U T