Kari Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73887 of 2024 Arising Out of PS. Case No.-332 Year-2024 Thana- RAJAOLI District- Nawada ====================================================== 1.

Kari Kumari W/O Ajay Yadav R/O Village- Maliyatri, P.S- Rajauli, Distt.- Nawada.

2.

Sunita Devi @ Bachchi Devi W/O Ganesh Yadav @ Ganesh Prasad R/O Village- Maliyatri, P.S- Rajauli, Distt.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Sarita Kumari, Adv For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-10-2024 Heard the parties.

2.

The petitioners apprehends their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 117(2), 109, 351(2), 303(2), 74, 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

As per the FIR, the allegation against the petitioners is that they along with other co-accused persons assaulted the informant and his wife.

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

Patna High Court CR. MISC. No.73887 of 2024(2) dt.26-10-2024 2/2 general and omnibus in nature. It is further submitted that there is no specific overt act against the petitioners. The specific allegation is against co-accused Ganesh Yadav to assault the wife of the informant due to which she sustained grievous injury. The injury of the informant is of simple 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, since there is no specific overt act against the petitioners, 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 Rajauli P.S. Case No.332 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS, 2023.

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