Jivachhi Devi @ Jipachhi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74204 of 2024 Arising Out of PS. Case No.-441 Year-2023 Thana- FALKA District- Katihar ====================================================== 1.

Jivachhi Devi @ Jipachhi Devi W/O Yogendra Yadav Resident of VillageBhareli Panchayat-Malhariya, P.S- Falka (Pothia), Distt.- Katihar. 2.

Gunjan Devi @ Gunjan Kumari W/O Onkar Yadav @ Omkar Kumar Yadav Resident of Village- Bhareli Panchayat-Malhariya, P.S- Falka (Pothia), Distt.- Katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pramod Kumar Rana S/O Late Maheshwar Ray R/O Village- Bhareli Panchayat- Malhariya, P.S- Falka (Pothia), Dist.- Katihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Narayan Yadav, Adv For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-10-2024 Heard the parties.

2.

The petitioners apprehends their arrest in connection with Falka (Pothia) P.S. Case No.441 of 2023, registered for the offence punishable under Sections 341, 323, 324, 325, 307, 34 of the Indian Penal Code.

3.

The allegation against the petitioners is that they assaulted the informant and his wife by means of bricks. 4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.74204 of 2024(2) dt.28-10-2024 2/2 allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is a delay of ten days in lodging of the FIR. Petitioners have no criminal antecedent. 5.

Learned APP for the State opposed the prayer for anticipatory bail by submitting that the injuries of the wife of the informant is grievous in nature.

6.

Having regard to the facts and circumstances of the case as well as considering that there is specific overt act against the petitioners, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected.

7.

Accordingly, this application is dismissed.

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