Rambhu Sah @ Ramprabhu Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71990 of 2023 Arising Out of PS. Case No.-198 Year-2023 Thana- PATAHI District- East Champaran ====================================================== 1.

Rambhu Sah @ Ramprabhu Prasad Gupta S/O Late Narayan Sah R/O Village- Bokane Kala, P.S- Patahi, Distt.- East Champaran. 2.

Ramawati Devi @ Ramrati Devi W/O Rambhu Sah @ Ramprabhu Prasad Gupta R/O Village- Bokane Kala, P.S- Patahi, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-11-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. Learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioner no. 1 submitting that during pendency of this application the petitioner no. 1 has already been apprehended by the police.

3. Permission is granted.

4. Accordingly, this application with regard to petitioner no. 1 is dismissed as withdrawn.

5. Now, this application is being heard only with regard to petitioner no. 2.

6. Heard learned counsel for the petitioner and

Patna High Court CR. MISC. No.71990 of 2023(2) dt.28-11-2023 2/3 learned A.P.P. for the State.

7. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307, 379, 504, 34 of the Indian Penal Code.

8. As per the prosecution case, allegation against the petitioner is that she along with other co-accused persons assaulted the informant and his father as well as looted cash and jewellery.

9. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is no specific overt act against the petitioner, there is specific allegation against petitioner no. 1, Rambhu Sah and co-accused Ujjawal Kumar, and the petitioner no. 2 is wife of the petitioner no. 1. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

10. Learned APP for the State opposes prayer for anticipatory bail.

11. Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner no. 2, let the above named petitioner no. 2, be

Patna High Court CR. MISC. No.71990 of 2023(2) dt.28-11-2023 3/3 released on bail, in the event of his 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) 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 Patahi P.S. Case No. 198 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

12. Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) anand/- U T