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Patna High CourtCR. MISC./63966/2024bail granted

Ramesh Pandey v. The State Of Bihar

2024-12-16Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63966 of 2024 Arising Out of PS. Case No.-185 Year-2024 Thana- MIRGANJ District- Gopalganj ====================================================== 1.

Ramesh Pandey Son of Bisnath Pandey Resident of Village- Sabeya, PSMirganj, Distt.- Gopalganj 2.

Chanda Devi Wife of Ramesh Pandey Resident of Village- Sabeya, PSMirganj, Distt.- Gopalganj 3.

Gita Devi Wife of Rabindra Pandey Resident of Village- Sabeya, PSMirganj, Distt.- Gopalganj 4.

Yaditya Kumari @ Aditya Kumari Daughter of Rajesh Pandey Resident of Village- Sabeya, PS- Mirganj, Distt.- Gopalganj 5.

Shilpi Kumari Daughter of Rajesh Pandey Resident of Village- Sabeya, PSMirganj, Distt.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rama Nand Poddar, Advocate For the Opposite Parties :

Mr. Md. Matloob Rab, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 16-12-2024

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

2. The petitioners apprehend their arrest in connection with Mirganj P. S. Case No. No. 185 of 2024 dated 13.05.2024 registered for the offence(s) punishable under Section(s) 341, 323, 307, 354, 504 and 506 read with Section 34 of of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioners are that both the parties are close

Patna High Court CR. MISC. No.63966 of 2024(3) dt.16-12-2024 2/3 relatives residing in the same house and there is no specific allegation against the petitioner nos. 2 to 5 though, the petitioner no. 1 is alleged to have assaulted at the head of the informant by means of lathi but her injury was found to be simple in nature, a lacerated wound in the size of 1.5" x 0.5" was found and the same was opined to be simple in nature and further, there is no allegation of repeated blow by this petitioner to the said injured and the informant is wife of one Manoj Pandey, who is the real brother of the petitioner no.1 and all the brothers of the informant' s husband are residing in the same house and the alleged occurrence was not pre-planned and the same occurred due to trivial domestic issue.

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

5. Considering the above submissions and nature of allegation appearing against the petitioners, this court is inclined to grant the relief of anticipatory bail to the petitioners. Accordingly, 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 Mirganj P. S. Case No. No. 185 of 2024 on furnishing bail bond of Rs. 20,000/-(Rupees Twenty Thousand)

Patna High Court CR. MISC. No.63966 of 2024(3) dt.16-12-2024 3/3 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