Daulat Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63746 of 2022 Arising Out of PS. Case No.-448 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

DAULAT DEVI W/O Raj Narayan Singh @ Raju Singh R/O Village- Jamalpur, P.S- Hajipur Sadar, District- Vaishali 2.

Prince Kumar Son of Ramprit Patel R/O Village- Hilalpur, P.S- Industrial Area, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar For the Opposite Party/s:

Mr. Dashrath Mehta Mr. Pankaj Kumar Mr. Ranjeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-03-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 149, 341, 323, 379, 307, 504, 447 of the Indian Penal Code and later on added 302 and 120(B)/34 of the Indian Penal Code.

As per the prosecution case, co-accused Ramprit Patel gave iron blow on the head of the informant which hit over his right leg causing fracture and he again inflicted rod blow. Thereafter, all the accused persons including the petitioners assaulted the informant due to which he fell down. After treatment the informant came to his house and later on died on 13.06.2022.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have

Patna High Court CR. MISC. No.63746 of 2022(3) dt.23-03-2023 2/2 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 against the petitioners and this fact is also supported by the learned counsel for the informant. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, 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 Hajipur Sadar P.S. Case No.448 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T