Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63656 of 2019 Arising Out of PS. Case No.-4 Year-2019 Thana- WAJIRGANJ District- Gaya ====================================================== 1.

MANJU DEVI W/o Sanjay Paswan, W/o Karan Paswan Kumar Resident of Village-Eroo, P.S.-Eroo, P.O.-Sahiya, District-Gaya. 2.

Shobha Kumari @ Sobha Devi W/o- Karan Paswan Kumar Resident of Village-Eroo, P.S.-Eroo, P.O.-Sahiya, District-Gaya. 3.

Manju Devi W/o Vinod Paswan Resident of Village-Eroo, P.S.-Eroo, P.O.- Sahiya, District-Gaya.

4.

Karan Kumar S/o Sanjay Paswan Resident of Village-Eroo, P.S.-Eroo, P.O.- Sahiya, District-Gaya.

5.

Vinod Paswan S/o Kauleshwar Paswan Resident of Village-Eroo, P.S.-Eroo, P.O.-Sahiya, District-Gaya.

6.

Ajit Paswan S/o Vijay Paswan Resident of Village-Eroo, P.S.-Eroo, P.O.- Sahiya, District-Gaya.

7.

Om Prakash Paswan S/o Kauleshwar Paswan Resident of Village-Eroo, P.S.- Eroo, P.O.-Sahiya, District-Gaya.

8.

Karishma Devi W/o Om Prakash Paswan Resident of Village-Eroo, P.S.- Eroo, P.O.-Sahiya, District-Gaya.

9.

Urmila Devi W/o Vijay Paswan Resident of Village-Eroo, P.S.-Eroo, P.O.- Sahiya, District-Gaya.

10.

Subodh Paswan S/o Kauleshwar Paswan Resident of Village-Eroo, P.S.- Eroo, P.O.-Sahiya, District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmendra Kumar Sinha For the State :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-10-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 504,

Patna High Court CR. MISC. No.63656 of 2019(2) dt.22-10-2019 2/3 379 and 307 of the Indian Penal Code, registered in connection with Wazeerganj P.S.Case No. 04 of 2019.

3. It is submitted that the petitioners have been falsely implicated and the FIR has been instituted against as many as 15 named persons, including the petitioners. Specific accusation of assault has been made against other co-accused, while such allegation against the petitioners is general and omnibus in nature. There is case and counter case between the parties, who are Gotias. The petitioners claim clean antecedents.

4. Learned APP, on the other hand, submits that there is accusation of assault by all the accused persons, including the petitioners. Reference has been invited to the order of the learned Additional District and Sessions Judge-VIII, Gaya, taking note of the injuries of Rakesh Kumar, who has sustained grievous injuries on his head, apart from the injuries sustained by other persons of the informant's side.

5. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant the privilege of anticipatory bail to the petitioners. The anticipatory bail petition stands dismissed.

6. If petitioner nos. 1, 2, 3, 8 and 9, who are ladies, surrender and seek regular bail before the learned court below,

Patna High Court CR. MISC. No.63656 of 2019(2) dt.22-10-2019 3/3 the same shall be considered the same day on its own merit in accordance with law without being prejudiced by any observation in the present order.

(Vikash Jain, J) HR/- U T