Sanjay Poddar @ Sanjay Kumar Poddar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29085 of 2015 Arising Out of PS.Case No. -78 Year- 2015 Thana -DALSINGHSARAI District- SAMASTIPUR ======================================================

1. Sanjay Poddar @ Sanjay Kumar Poddar Son of Shri Kailash Poddar

2. Geeta Devi Unmarried Daughter of Shri Gaya Poddar both residents of Village Loknathpurganj, p.s Dalsingsarai, district Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar, Adv. For the Opposite Party/s : Mr. Ram Bachan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-07-2015 Heard both sides.

The petitioners apprehend their arrest in Dalsingsarai P.S. Case No. 78/2015, registered for the offences punishable under Sections 147, 148, 149 and other Sections of the Indian Penal Code.

The informant Chandan Kumar named the petitioner along with others and alleged that they all assaulted the informant with sticks. Sanjay Kumar and Geeta Devi and Lalmuni Devi are alleged to have thrown acid on his face.

It is submitted that there is a counter version bearing Dalsingsarai P.S. Case No. 79 of 2015. Similarly situated coaccused namely Shrawan Poddar, Sanjeev Poddar and Usha Devi

Patna High Court Cr.Misc. No.29085 of 2015 (2) dt.24-07-2015 2/3 have already been enlarged on anticipatory bail vide order passed in Cr. Misc. No. 19654/2015, Cr. Misc. No. 19692/2015 and Cr. Misc. No. 17617/2015.

On the other hand, learned counsel for the informant submits that there is very specific allegation against Sanjay Poddar, Lalmuni Devi and Soni Devi that they threw acid and the mother of the informant got burn injury.

Having considered the facts that there is specific allegation against Sanjay Poddar @ Sanjay Kumar Poddar that he threw acid, I am not inclined to enlarge the petitioner Sanjay Poddar on anticipatory bail. Accordingly, the same is rejected. So far as the case of Geeta Devi is concerned, there is no specific allegation against her and her case stand as that of other accused persons.

Considering the facts aforesaid, the petitioner Geeta Devi above named in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Dalsingsarai in connection with Dalsingsarai P.S. Case No.

Patna High Court Cr.Misc. No.29085 of 2015 (2) dt.24-07-2015 3/3 78/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi/- U T