Patna High CourtCR. MISC./68398/2022bail granted

Asha Devi v. The State Of Bihar

2023-03-20Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68398 of 2022 Arising Out of PS. Case No.-136 Year-2021 Thana- PARWALPUR District- Nalanda ====================================================== 1.

Asha Devi Wife Of Kavindra Prasad @ Kabindar Yadav R/O Vill.- Mai, P.S.- Parwalpur, Distt.- Nalanda 2.

Sonu Kumar Son Of Ram Awatar Yadav R/O Vill.- Dasturpar, P.S.- Tharthari, Distt.- Nalanda ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Anil Kumar Singh, Advocate For the Opposite Party :

Mr. Harendra Prasad, Addl Public Prosecutor for the informant Mr. Arun Kumar Arun, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-03-2023 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 308, 504, 506, 302/34 of the Indian Penal Code.

Learned counsel appearing for the petitioners submits that as per the FIR, it was co-accused Kavindra Yadav and Dharmvir Kumar who assaulted informant's uncle as a result of which he died in course of treatment and petitioners at best be said to be member of unlawful assembly as there is no allegation of assault against this petitioner. Petitioners have got no criminal antecedent.

Learned counsel appearing for the State as well as the informant oppose the prayer for bail.

Patna High Court CR. MISC. No.68398 of 2022(2) dt.20-03-2023 2/2 Considering the nature of allegation against the petitioners, in the event of arrest/surrender within six weeks from today, let the petitioners, named above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Hilsa, Nalanda in Parwalpur Police Station Case No. 136 of 2021, subject to the conditions laid down under sections 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T