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Patna High CourtCR. MISC./75196/2022bail granted

Kaushal Kishore Prasad v. The State Of Bihar

2023-07-10Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75196 of 2022 Arising Out of PS. Case No.-319 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== 1.

Kaushal Kishore Prasad Son Of Late Nagina Prasad Resident Of VillageSugauli Bazar, P.S.- Sugauli, District- East Champaran 2.

Sharda Devi Wife Of Kaushal Kishore Prasad Resident Of Village- Sugauli Bazar, P.S.- Sugauli, District- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Punam Wife of Late Dheeraj Kumar Saraff Resident of Village- Sugaw, P.S.- Sugauli, District- East Champaran at sasural Village- Sugauli Bazar, P.S.- Sugauli, District- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Kishun Prasad For the Opposite Party/s :

Mr. Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-07-2023 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the opposite party no.2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 498A, 379, 504 and 34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

The allegation against the petitioners is that they along with other accused persons assaulted and demanded Rs. 5,00,000/- from the informant.

Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not

Patna High Court CR. MISC. No.75196 of 2022(3) dt.10-07-2023 2/2 specific rather general and omnibus in nature. The petitioner no. 1 is father-in-law and petitioner no. 2 is mother-in-law of the informant. He submits that the husband of the informant was died in the year 2019, thereafter, the title suit i.e. Title Suit No. 59 of 2022 filed between the parties, the informant is also party and case is pending before this Court. Petitioners have no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State as well as learned counsel for opposite party no. 2 opposed 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 lower Court where the case is pending/successor Court in connection with Sugauli P.S. Case No.319 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T