Gudiya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79987 of 2024 Arising Out of PS. Case No.-273 Year-2024 Thana- RAJAON District- Banka ====================================================== 1.
Gudiya Devi Son of Late Kamleshwari Paswan @ Late Kamal Paswan Resident Of Village- Bhadwa, P.S.- Rajoun, Dist.- Banka 2.
Sushila Devi Wife of Late Kamleshwari Paswan @ Late Kamal Paswan Resident Of Village- Bhadwa, P.S.- Rajoun, Dist.- Banka 3.
Laddu Paswan Son of Late Kamleshwari Paswan @ Late Kamal Paswan Resident Of Village- Bhadwa, P.S.- Rajoun, Dist.- Banka 4.
Tribhuban Paswan Son of Late Kamleshwari Paswan @ Late Kamal Paswan Resident Of Village- Bhadwa, P.S.- Rajoun, Dist.- Banka 5.
Guddu Paswan Son of Late Kamleshwari Paswan @ Late Kamal Paswan Resident Of Village- Bhadwa, P.S.- Rajoun, Dist.- Banka 6.
Sourabh Paswan@ Sourabh Kumar Son of Late Kamleshwari Paswan @ Late Kamal Paswan Resident Of Village- Bhadwa, P.S.- Rajoun, Dist.- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar, Advocate For the Opposite Party/s :
Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-12-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2.
The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 504, 506, 308, 34 of IPC. 3.
Allegedly, the petitioners have assaulted the informant and her son due to which they got injured. The daughter of the informant used to be threatened with dire consequences. 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
Patna High Court CR. MISC. No.79987 of 2024(2) dt.03-12-2024 2/2 occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners are not specific rather general and omnibus in nature. It is further submitted that date of occurrence took place on 25.05.2024 but FIR was lodged on 02.06.2024 i.e after delay of 7 days and there is no explanation of the said delay in lodging the FIR. Petitioners have no criminal antecedent as mentioned in para 3 of the bail application. 5.
Learned APP for the State opposed the prayer for bail. 6.
Having regard to the facts and circumstances of the case, and the fact that there is general and omnibus allegation against the petitioners and there is no specific overt act attributed 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 Rajoun P.S. Case No.273 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) priyanka/- U T