Nisha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1756 of 2023 Arising Out of PS. Case No.-249 Year-2022 Thana- SABAUR District- Bhagalpur ====================================================== 1.
NISHA DEVI Wife of Rajesh Yadav @ Rajesh Kumar Yadav Resident of village - Sultanpur, Bhitti, P.S.- Sabour, District - Bhagalpur 2.
Kanchan Devi Wife of Rajkishore Yadav Resident of village - Sultanpur, Bhitti, P.S.- Sabour, District - Bhagalpur 3.
Rajesh Kumar Yadav @ Rajesh Yadav Son of Late Mahendra Yadav Resident of village - Sultanpur, Bhitti, P.S.- Sabour, District - Bhagalpur 4.
Rajkishore Yadav Son of Late Mahendra Yadav Resident of village - Sultanpur, Bhitti, P.S.- Sabour, District - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deepak Kumar Sinha, Adv.
For the Opposite Party/s :
Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-03-2023 Heard the parties.
The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 324, 325, 354(B), 504, 379, 506/34 of the IPC.
Allegedly, the F.I.R. named accused persons including the petitioners assaulted the husband of the informant. 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 due to ulterior motive. No such occurrence, in the manner as alleged, has ever
Patna High Court CR. MISC. No.1756 of 2023(2) dt.16-03-2023 2/2 taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The specific overt act is against the co-accused Biro Yadav. Petitioners are the family members of the informant. The injuries sustained by the husband of the informant are simple in nature. Petitioners have no criminal antecedent.
Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the injuries are simple in nature, 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 Sabour P.S. Case No.249 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T