Gulphul Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72321 of 2023 Arising Out of PS. Case No.-23 Year-2023 Thana- SARE District- Nalanda ====================================================== 1.

GULPHUL DEVI W/O SRI LALLAN KUMAR @ LALLAN YADAV VILLAGE- GILANI, PS. SARE, DIST. NALANDA 2.

SUSHILA DEVI W/O SRI MOHAN YADAV VILLAGE- GILANI, PS. SARE, DIST. NALANDA ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Madhuri Kumari For the Opposite Party/s :

Mr. Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2023 Heard the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 149, 341, 325, 448, 307, 379 and 504 of the Indian Penal Code.

3. The allegation against the petitioners is that they along with other co-accused persons assaulted the informant's side by means of several weapons due to which they sustained injury.

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 allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act

Patna High Court CR. MISC. No.72321 of 2023(2) dt.29-11-2023 2/2 against the petitioners. He further submits that though one person has sustained grievous injury but the petitioners are not the author of that injury. The nature of injury attributed towards the petitioners are simple in nature. Petitioners have no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as the nature of injuries attributed towards the petitioners are simple in nature, 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 court below where the case is pending/Successor Court in connection with Sare P.S. Case No.23 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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