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Patna High CourtCR. MISC./59202/2022allowed

Kavita Devi v. The State Of Bihar

2023-02-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59202 of 2022 Arising Out of PS. Case No.-160 Year-2022 Thana- ASHTHAWAN District- Nalanda ====================================================== 1.

KAVITA DEVI W/O UMESH PASWAN RESIDENT OF VILLAGEDHARAHRA, P.S.- ASHTHWAN DISTRICT- NALANDA 2.

ARTI KUMARI W/O MANJEET PASWAN RESIDENT OF VILLAGEDHARAHRA, P.S.- ASHTHWAN DISTRICT- NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binit Kumar, Adv.

For the Opposite Party/s :

Mrs.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-02-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 147, 149, 341, 323, 307, 379, 504, 506 of the IPC.

Allegedly, the F.I.R. named accused persons including the petitioners committed scuffle with the informant. 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 due to land dispute. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. For the alleged

Patna High Court CR. MISC. No.59202 of 2022(2) dt.23-02-2023 2/2 occurrence, there is case and counter-case between the parties and both sides have sustained injuries. The injuries are simple in nature, which is clear from the impugned order itself. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for bail. 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 Ashthawan P.S. Case No.160 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