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Patna High CourtCR. MISC./65232/2023allowed

Lal Mati Kuwar v. The State Of Bihar

2024-01-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65232 of 2023 Arising Out of PS. Case No.-193 Year-2023 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.

LAL MATI KUWAR Wife of Late Dhaneshwar Manjhi Resident of Village - Siyarmarwa Tola, P.S.- Chapra Muffasil, District - Saran. 2.

Vishal Kumar Son of Shailesh Manjhi Resident of Village - Siyarmarwa Tola, P.S.- Chapra Muffasil, District - Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avnish Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-01-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 324, 307, 379, 504, 34 of the IPC.

3.

Allegedly, the petitioner no.1 is said to have caught the informant, where after, one co-accused assaulted her and allegation against the petitioner no.2 is that he assaulted one Kavita Kumari with farsa on her head. Thereafter petitioner no.1 and others assaulted the informant and others. 4.

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

Patna High Court CR. MISC. No.65232 of 2023(3) dt.22-01-2024 2/2 They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged has ever taken place. Parties are next door neighbours and a free fight took place between the parties with regard to throwing waste water at the door of the informant. The injury report of the injured Kavita is not enclosed in the case diary and the injury of the informant and others are simple in nature. Petitioners have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

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 Chapra Muffasil P.S. Case No.193 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T