Patna High CourtCR. MISC./59492/2022partly allowed disposal

Kavita Devi v. The State Of Bihar

2022-12-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59492 of 2022 Arising Out of PS. Case No.-625 Year-2021 Thana- LAHERIYASARAI District- Darbhanga ====================================================== 1.

KAVITA DEVI W/O VIJAY GOSWAMI Resident of village- Bakarganj Bhatti ke Pass P.S.- Laheriasarai District- Darbhanga. 2.

VIJAY GOSWAMI S/O LATE GONAUR GOSVAMI Resident of villageBakarganj Bhatti ke Pass P.S.- Laheriasarai District- Darbhanga. 3.

RAJ KISHORE GOSWAMI S/O VIJAY GOSWAMI Resident of villageBakarganj Bhatti ke Pass P.S.- Laheriasarai District- Darbhanga. 4.

PRAVESH GOSWAMI @ RAJ PRAVESH GOSWAMI S/O VIJAY GOSWAMI Resident of village- Bakarganj Bhatti ke Pass P.S.- Laheriasarai District- Darbhanga.

RAJEEV GOSWAMI @ RAM JIVAN GOSWAMI S/O VIJAY GOSWAMI Resident of village- Bakarganj Bhatti ke Pass P.S.- Laheriasarai DistrictDarbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kedar Jha For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-12-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 341, 323, 326A, 307, 379, 504 and 34 of the Indian Penal Code. Allegation against the petitioners is that they poured acid on the person of informant causing burn injury. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioner nos.1, 2 & 3 and there is specific allegation

Patna High Court CR. MISC. No.59492 of 2022(2) dt.22-12-2022 2/2 agianst petitioner nos.4 & 5. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case and the fact that there is specific allegation against the petitioner nos.4 & 5 to poured acid on the informant and mother of the informant, I am not inclined to enlarge the petitioner no.4 & 5 on anticipatory bail in connection with Laheriyasarai P.S. Case No. 625/2021. Accordingly, their prayer for anticipatory bail is hereby rejected. So far as petitioner nos.

1, 2 & 3 are concerned, there is no specific overt act against the them, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds 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 Laheriasarai P.S. Case No. 625/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.