Rani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63562 of 2023 Arising Out of PS. Case No.-77 Year-2023 Thana- KONCH District- Gaya ====================================================== 1.

Rani Devi Wife Of Bhola Paswan Resident Of Village - Ahiyapur, P.S. - Konch, District - Gaya 2.

Sonu Kumar Son Of Udresh Paswan Resident Of Village - Dihuri, P.S. - Konch, District - Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinod Kumar, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-10-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners in the present case are seeking prearrest bail in connection with Konch P.S. Case No. 77 of 2023 registered for the offences punishable under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code. They have got no criminal antecedent.

3. As per the prosecution story, on 12.02.2023 at 4:00 pm when the informant's wife was working at her door, the petitioner no.1 assaulted her wife with bricks on her head due to which she became unconscious and they also entered into her house and took away Rs. 25,000/- cash.

Patna High Court CR. MISC. No.63562 of 2023(2) dt.17-10-2023 2/3

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. It is submitted that the injury suffered by the injured is simple in nature. There is a case and counter case between the parties.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners.

6. Having regard to the facts and circumstances of the case wherein it is submitted that there is a case and counter case between the parties and the injuries caused are simple in nature as also that the petitioners have no criminal antecedent, this Court directs that in case of their arrest or surrender within a period of six weeks from today, the petitioners above named be released on bail in connection with Konch P.S. Case No. 77 of 2023 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 learned Additional Chief Judicial Magistrate-I, Sherghati, Gaya subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their

Patna High Court CR. MISC. No.63562 of 2023(2) dt.17-10-2023 3/3 criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J) Rishi/- U T