Geeta Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59134 of 2018 Arising Out of PS. Case No.-31 Year-2018 Thana- ROSHANGANJ District- Gaya ======================================================

1. Geeta Devi, Wife of Kauleshar Prajapat @ Koleshwar Prajapat,

2. Ganesh Prajapat, Son of Kauleshar Prajapat @ Koleshwar Prajapat, null

3. Kauleshar Prajapat @ Koleshwar Prajapat @ Kayleshar Prajapat, Son of Yogi Prajapat, All are resident of Village- Hussainganj, P.S.- Roshanganj, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar For the Opposite Party/s :

Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 457, 323, 307, 354 and 302 of the Indian Penal Code.

The prosecution case, in short, is that while the informant was at her house, the accused persons, variously armed, entered into her house and started assaulting her husband due to which he sustained injuries and later succumbed to the injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

Patna High Court Cr.Misc. No.59134 of 2018(3) dt.03-12-2018 2/2 allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Specific allegation of assault is alleged against the co-accused Pradeep Prajapat. No specific overt act is alleged against the petitioners nor any specific injury is attributed to them.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of 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.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sherghati, Gaya in connection with Raushanganj (Banke Bazar) P.S. Case No. 31/18, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T