← Library
Patna High CourtCR. MISC./64387/2023allowed

Dhanwanti Devi v. The State Of Bihar

2023-10-18Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64387 of 2023 Arising Out of PS. Case No.-785 Year-2022 Thana- GAURICHAK District- Patna ====================================================== 1.

Dhanwanti Devi Wife of Basudeo Singh, Resident of Chhattu Chak, P.S. - Gaurichak, District - Patna.

2.

Basudeo Singh Son of Late Mukund Singh, Resident of Chhattu Chak, P.S. - Gaurichak, District - Patna.

3.

Punam Devi Wife of Bablu Kumar, Resident of Village - Bakerpur Dumari, P.S. - Punpun, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-10-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Gaurichak P.S. Case No. 785 of 2022 dated 25.11.2022, instituted under Sections 341, 323, 324, 379, 354, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, the accused persons including the petitioners have abused the informant and the coaccused Mitendra Kumar has assaulted the informant on her head with pistol. It is also alleged against the accused Mitendra Kumar and Om Prakash Singh that they had taken the informant

Patna High Court CR. MISC. No.64387 of 2023(2) dt.18-10-2023 2/3 with bad intention.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He further submits that petitioner nos.1 & 2 are mother-inlaw and father-in-law and petitioner no.3 is the sister-in-law of the informant and due to some family dispute this case has been falsely instituted against the petitioners. He also submits that petitioner nos.1 & 2 are old aged persons and petitioner no.3 is the daughter of petitioner nos.1 & 2. Learned counsel submits that there is one criminal antecedent of petitioner nos.1 & 2, in which, they are on bail and the antecedent of petitioner no.3 is clean.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned A.C.J.M. V, Patna City in connection with Gaurichak P.S. Case No. 785 of 2022, subject to the conditions laid down

Patna High Court CR. MISC. No.64387 of 2023(2) dt.18-10-2023 3/3 in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J.) Ritik/- U T