Sushila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57543 of 2023 Arising Out of PS. Case No.-143 Year-2023 Thana- NOORSARAI District- Nalanda ====================================================== 1.

Sushila Devi, W/O Birendra Ram 2.

Manish Kumar, S/O Birendra Ram Both Resident of Village- Dharmpur, P.S. Noorsarai, District. Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-09-2023

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

2.

The petitioners apprehend their arrest in connection with Noorsarai P.S. Case No. 143 of 2023 dated 26.03.2023 registered for the offence(s) punishable under Section(s) 341, 323, 307, 504/ 34 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioners are that there is case and counter case in between both the parties and the petitioner's case was lodged prior to the institution of the FIR of the present matter and in actual a free fight took place in between both the parties on account of some trivial issue which resulted in free fighting between them and both the sides sustained injuries and in this

Patna High Court CR. MISC. No.57543 of 2023(2) dt.20-09-2023 2/2 regard, injury reports have been filed and both the petitioners have fair and clean antecedent. Further submissions are that there is no specific allegation against the petitioners and no fatal weapon was used by the accused including the petitioners in the alleged occurrence.

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

5. Considering the above submissions, this court is inclined to accept the bail prayer of the petitioners, 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 Noorsarai P.S. Case No. 143 of 2023 on furnishing bail bonds of Rs.10,000/-(Ten Thousand) 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