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Patna High CourtCR. MISC./81526/2023allowed

Rekha Devi v. The State Of Bihar

2023-12-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81526 of 2023 Arising Out of PS. Case No.-220 Year-2023 Thana- PHULWARIYA District- Gopalganj ====================================================== 1.

Rekha Devi W/O Ramawatar Manjhi Village- Rampur Kala Ps- Phulwaria Dist- Gopalganj 2.

Buchun Devi W/O- Kamlesh Manjhi Village- Rampur Kala Ps- Phulwaria Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Javed Aslam, Adv.

For the Opposite Party/s :

Mr. Rajiv Nayan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-12-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 354 and 504/34 of the Indian Penal Code.

3. As per the F.I.R., allegation against the petitioners of abusing and assaulting the informant and her father-in-law due to which they received injuries.

4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and

Patna High Court CR. MISC. No.81526 of 2023(2) dt.21-12-2023 2/2 omnibus in nature. There is no specific overt act against the petitioners. He further submits that there is case and counter case between the parties. Both the parties have sustained injuries. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case, considering 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 lower Court where the case is pending/successor Court in connection with Phulwaria P.S. Case No.220 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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