Chanchal Devi @ Chanchal Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70525 of 2023 Arising Out of PS. Case No.-186 Year-2023 Thana- PIPRA District- Supaul ====================================================== 1.
Chanchal Devi @ Chanchal Kumari W/O Santosh Mandal R/O VillageThumha, P.S- Pipra, Distt.- Supaul. 2.
Santosh Mandal @ Santosh Kumar S/O Late Shambhu Mandal R/O VillageThumha, P.S- Pipra, Distt.- Supaul. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjay Kumar Singh, Advocate For the Informant/s :
Mr. Kuldeep Kumar, Advocate For the Opposite Party/s :
Mr. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 01-11-2023 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.
2. The petitioners apprehend arrest in connection with Pipra P.S. Case No.186 of 2023 dated 27.05.2023, instituted for the offence punishable under Sections 341, 342, 323, 147, 149, 307 and 302 of the Indian Penal Code.
3. The prosecution case, in short, is that on 21.05.2023, these petitioners along with 8 other co-accused persons named in FIR, armed with various weapons came to the door of the informant and started abusing her husband and threw him on the ground. It is further alleged that co-accused Badri Mandal ordered to kill him, upon which he along with other co-
Patna High Court CR. MISC. No.70525 of 2023(2) dt.01-11-2023 2/3 accused persons namely, Ramfal Madal, Balram Mandal assaulted the husband of informant. It is further alleged that coaccused Sanjah Devi, Shivjee Mandal, Kundan Mandal and Priya Devi assaulted on the head of informant's husband by bricks due to which he sustained serious injury.
4. Learned counsel for the petitioner submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that there is no specific allegation of against the petitioners as the main allegation of assault is against Badri Mandal, Ramfal Mandal, Balram Mandal, Sanjah Devi, Shivjee Mandal, Kundan Mandal and Priya Devi. It is further submitted that the allegation against the petitioner is general and omnibus in nature Lastly, it has been submitted that the petitioners have no criminal antecedents.
5. Learned A.P.P as well as learned counsel for the informant vehemently opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Pipra P.S. Case No.186 of 2023, they shall be released on anticipatory bail upon
Patna High Court CR. MISC. No.70525 of 2023(2) dt.01-11-2023 3/3 furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M VI, Supaul subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) Sankalp/- U T