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Patna High Court/58374/2023allowed

Triveni Sharma v. The State Of Bihar

2023-09-20Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58374 of 2023 Arising Out of PS. Case No.-18 Year-2023 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== 1.

Triveni Sharma S/O Late Govind Sharma R/O Village - Arthua, P.S. - Kusheshwar Asthan (TILKESHWAR O.P.) 2.

Radha Sharma @ Radhe Sharma S/O Late Govind Sharma R/O Village - Arthua, P.S. - Kusheshwar Asthan (TILKESHWAR O.P.) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Prasad, Advocate For the Opposite Party/s :

Mrs. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-09-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Kusheshwar Asthan (Tilkeshwar O.P.) P.S. Case No. 18 of 2023, G.R. No. 57 of 2023 registered for the offences punishable under Sections 323, 341, 324, 308, 504, 506, 34 of the Indian Penal Code.

3. Allegation against the petitioners are that they have assaulted the informant with lathi and danda due to land dispute between the parties.

4. Learned counsel for the petitioners submits that the allegation against the petitioners are general and omnibus and

Patna High Court CR. MISC. No.58374 of 2023(2) dt.20-09-2023 2/2 the injuries sustained are simple in nature. There is case and counter case between the parties for the same occurrence. It is further submitted that similarly situated other co-accused persons have already been granted anticipatory bail by the court below. Petitioners have no criminal antecedent.

5. Learned APP opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Kusheshwar Asthan (Tilkeshwar O.P.) P.S. Case No. 18 of 2023 G.R. No. 57 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Sunil Dutta Mishra, J) khushbu/- U T