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Patna High CourtCR. MISC./63248/2022allowed

Manoj Choudhary @ Manoj Kumar Choudhary v. The State Of Bihar

2023-01-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63248 of 2022 Arising Out of PS. Case No.-403 Year-2022 Thana- ALAMGANJ District- Patna ====================================================== 1.

MANOJ CHOUDHARY @ MANOJ KUMAR CHOUDHARY S/O LATE SATYANARAYAN CHOUDHARY Resident of Mohalla- Chaillytad, P.S.- Alamganj, District- Patna.

2.

PUNAM DEVI W/O MANOJ CHOUDHARY @ MANOJ KUMAR CHOUDHARY Resident of Mohalla- Chaillytad, P.S.- Alamganj, DistrictPatna. 3.

SEJAL KUMARI D/O MANOJ CHOUDHARY @ MANOJ KUMAR CHOUDHARY Resident of Mohalla- Chaillytad, P.S.- Alamganj, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Babu For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 379, 448 and 34 of the Indian Penal Code pending in the learned court below.

As per the FIR, all the accused persons entered into the house of the informant and assaulted the informant and her son. The informant had a stomach operation and on getting hurt, she get fainted. Petitioner no.2 Punam Devi while assaulted the informant, snatched her gold chain from her neck. The informant son was also beaten up by petitioner no.3 Sejal Kumari.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.63248 of 2022(2) dt.12-01-2023 2/2 petitioners are innocent and have been falsely implicated in this case. He further submits that petitioner and the informant are the agnates and they are residing in the same house after verbal partition of the house. He submits that petitioner no.1 is a labour, petitioner no.2 is a housewife and petitioner no.3 is a student. He further submits that there is partition dispute between the parties. He submit that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, 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, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Alamganj P.S. Case No.403/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T