Patna High CourtCR. MISC./59781/2023bail granted

Ramawati Devi v. The State Of Bihar

2023-10-11Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59781 of 2023 Arising Out of PS. Case No.-402 Year-2022 Thana- DIGHWARA District- Saran ====================================================== 1.

Ramawati Devi Wife Of Rajeshwar Rai 2.

Priti Devi @ Priti Kumari Wife Of Sonu Rai 3.

Raju Kumar @ Raju Kumar Rai Son Of Rajeshwar Rai All are resident Of Village- Nawal Tola, Ps- Dighwara, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kuar, Advocate For the Opposite Party/s :

Mr.Anish Chandra,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-10-2023

1. Heard learned counsel for the petitioners and tlearned APP for the State.

2. The petitioners apprehend their arrest in connection with Dighwara P.S. Case No. 402 of 2022 dated 13.12.2022 registered for the offence(s) punishable under Section(s) 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioners are that as per FIR, the main

Patna High Court CR. MISC. No.59781 of 2023(2) dt.11-10-2023 2/3 allegation of inflicting knife blow at the informant is against coaccused Sonu Rai and there is no serious allegation against the petitioners who are co-villagers of the informant and in between both the parties there was enmity when the alleged occurrence is stated to have taken place and the allegation made against the petitioner nos. 1 and 2 is general and omnibus, in fact the prosecution party came to the house of the petitioners and assaulted them, for which a Complaint Case No. 3761 of 2022 was lodged for the offences under Sections 323, 341, 307, 384, 392, 504, 506/34 of the IPC and as per order impugned, the informant, who is stated to be the injured of the present matter, sustained simple injuries.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the nature of allegation appearing against the petitioners, this court is inclined to accept the anticipatory bail prayer of the petitioners. Accordingly, let the petitioners named-above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Dighwara P.S. Case No. 402 of 2022 on furnishing bail bonds of Rs.10,000/-(Ten Thousand)

Patna High Court CR. MISC. No.59781 of 2023(2) dt.11-10-2023 3/3 each with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) Rajiv/- U T