Mala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68760 of 2022 Arising Out of PS. Case No.-209 Year-2022 Thana- GOVINDGANJ District- East Champaran ====================================================== 1.

MALA DEVI WIFE OF JATA SHANKAR TIWARI R/O VILLAGEMAMARKHA, P.S.- MALAHI, DISTRICT- EAST CHAMPARAN 2.

JATA SHANKAR TIWARI SON OF LATE BHAGWAT TIWARI R/O VILLAGE- MAMARKHA, P.S.- MALAHI, DISTRICT- EAST CHAMPARAN 3.

SUSHIL TIWARI SON OF RAJ KISHORE TIWARI R/O VILLAGEMAMARKHA, P.S.- MALAHI, DISTRICT- EAST CHAMPARAN 4.

DURGESH TIWARI SON OF JATA SHANKAR TIWARI R/O VILLAGEMAMARKHA, P.S.- MALAHI, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mrs. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-01-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code.

The allegation against the petitioners is that they assaulted the informant's side by means of several weapons due to which they sustained injuries.

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

Patna High Court CR. MISC. No.68760 of 2022(2) dt.24-01-2023 2/2 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 a case and counter-case between the parties and both sides have sustained injuries. He further submits that from the perusal of the impugned order it is clear that the injuries are simple in nature. There is an admitted land dispute between the parties. Petitioners have no criminal antecedent.

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

Having regard to the facts and circumstances of the case, 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 Govindganj (Malahi) P.S. Case No.209 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T