Jhuni Devi @ Jhunni Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63049 of 2023 Arising Out of PS. Case No.-171 Year-2023 Thana- MANJHI District- Saran ====================================================== 1.
JHUNI DEVI @ JHUNNI DEVI Wife of Narayan Singh R/o vill - Madipur, P.S. - Manjhi, Distt. - Saran at Chapra 2.
Narayan Singh Son of Late Baliram Singh Resident of village - Madipur, P.S. - Manjhi, Distt. - Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dewendra Narayan Singh For the Opposite Party/s :
Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-10-2023 Heard the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 307 and other allied Sections of the Indian Penal Code.
3. Allegedly, the petitioners caught hold the informant and petitioner no.1 gave order to co-accused Jitendra Singh to assault the informant, upon which the co-accused Jitendra Singh assaulted the informant by means of knife.
4. 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. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act
Patna High Court CR. MISC. No.63049 of 2023(2) dt.19-10-2023 2/2 against the petitioners. He further submits that the occurrence took place on 24.05.2023 and the FIR was lodged on 05.06.2023 i.e. after a delay of more than 10 days, without giving any credible explanation regarding the said delay which creates a serious doubt over the genuineness of the prosecution story. Petitioners have no criminal antecedent.
5. Learned APP for the State opposed the prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case as there is a delay in lodging the FIR, 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 Manjhi P.S. Case No.171 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T