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Patna High CourtCR. MISC./72334/2023allowed

Punam Devi v. The State Of Bihar

2023-11-30Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72334 of 2023 Arising Out of PS. Case No.-58 Year-2023 Thana- PHULWARIA District- Begusarai ====================================================== 1.

Punam Devi Wife Of Tej Narayan Sah Village -NAYA Tola Shedpur Bishar Asthan, Police Station- Fulwariya, District- Begusarai 2.

Ankush Kumar Son Of Tej Narayan Sah Village -NAYA Tola Shedpur Bishar Asthan, Police Station- Fulwariya, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-11-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 307 and 504/34 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, petitioners along with others abused and assaulted the informant and his family members.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is land dispute between the parties. He submits that there is no specific overt act against the

Patna High Court CR. MISC. No.72334 of 2023(2) dt.30-11-2023 2/2 petitioners. He further submits that similarly situated other coaccused persons have already been granted anticipatory bail by the Co-ordinate Bench of this Court vide order dated 09.11.2023 passed in Cr. Misc. No. 73168 of 2023. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the aforesaid facts and circumstances and the fact that there is no specific overt act against the petitioners, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Fulwariya P.S. Case No.58 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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