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Patna High CourtCR. MISC./692/2023allowed

Malti Devi v. The State Of Bihar

2023-03-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.692 of 2023 Arising Out of PS. Case No.-65 Year-2019 Thana- TANDWA District- Aurangabad ====================================================== 1.

Malti Devi Wife Of Bhikham Mehta R/V- Purhara, P.S.- Tandwa, DistrictAurangabad 2.

Neeraj Kumar @ Neeraj Kumar Mehta Son Of Bhikham Mehta R/VPurhara, P.S.- Tandwa, District- Aurangabad 3.

Manju Devi Wife Of Manoj Mehta R/V- Purhara, P.S.- Tandwa, DistrictAurangabad 4.

Bhikham Mehta Son Of Late Todhal Mehta R/V- Purhara, P.S.- Tandwa, District- Aurangabad 5.

Gaytri Devi Wife Of Birendra Mehta R/V- Purhara, P.S.- Tandwa, DistrictAurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nitu Kumari For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-03-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 308, 379, 504/34 of the Indian Penal Code. Petitioners are said to have abused and assaulted the informant as a result of which she received head injury. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the injury found upon the victim is

Patna High Court CR. MISC. No.692 of 2023(2) dt.23-03-2023 2/2 simple in nature. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that earlier the petitioners were granted benefit of Section 41(1) of the Cr.P.C. but later on charge-sheet has been submittted against the petitioners. He submits that all the Sections are bailable in nature except Section 308, 379 of the IPC. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Tandwa P.S. Case No. 65 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. devendra/- (Anjani Kumar Sharan, J) U T