Ramkali Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69067 of 2023 Arising Out of PS. Case No.-162 Year-2023 Thana- MAHARAJGANJ District- Siwan ====================================================== 1.
Ashok Yadav Son Of Teras Yadav Resident Of Village- Mahuari, PsMaharajganj, Dist- Siwan 2.
Om Prakash Yadav Son Of Teras Yadav Resident Of Village- Mahuari, PsMaharajganj, Dist- Siwan 3.
Raju Kumar Yadav @ Raj Kumar Yadav Son Of Kishun Yadav Resident Of Village- Mahuari, Ps- Maharajganj, Dist- Siwan 4.
Satendra Kumar Yadav @ Satyendra Yadav Son Of Jawahir Yadav Resident Of Village- Mahuari, Ps- Maharajganj, Dist- Siwan 5.
Pramod Kumar @ Pramod Yadav Son Of Paras Yadav Resident Of VillageMahuari, Ps- Maharajganj, Dist- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 69153 of 2023 Arising Out of PS. Case No.-162 Year-2023 Thana- MAHARAJGANJ District- Siwan ====================================================== 1.
RAMKALI DEVI Wife of Jawahir Yadav R/o vill - Mahuari, P.s. - Maharajganj, Distt. - Siwan 2.
Dipkali Devi Wife of Radha Yadav R/o vill - Mahuari, P.s. - Maharajganj, Distt. - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 69067 of 2023) For the Petitioner/s :
Ms. Kumari Anupam For the State :
Mr. Yogendra Kumar For the Informant :
Mr. Mukesh Kumar Singh (In CRIMINAL MISCELLANEOUS No. 69153 of 2023) For the Petitioner/s :
Ms. Kumari Anupam For the State :
Mr. Yogendra Kumar For the Informant :
Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
Patna High Court CR. MISC. No.69067 of 2023(2) dt.07-11-2023 2/3 07-11-2023 As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.
2. Heard learned counsel for the petitioners and learned A.P.P. for the State assisted by learned counsel for the informant.
3. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code later on 302 of IPC was added.
4. As per the prosecution case, the informant alleged that the petitioners along with other co-accused persons armed with various deadly weapons started abusing and assaulting informant's side and in the course of treatment informant's father succumbed to injuries.
5. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is no specific overt act against the petitioners. There is specific allegation against co-accused Jawahir Yadav, Radha
Patna High Court CR. MISC. No.69067 of 2023(2) dt.07-11-2023 3/3 Yadav and Kushun Yadav. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
6. Learned APP for the State and learned counsel for the informant opposed prayer for anticipatory bail.
7. Having regard to the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners, they are only members of the mob, 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 lower Court where the case is pending/successor Court in connection with Maharajganj P.S. Case No.162 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T