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Patna High CourtCR. MISC./84782/2024bail granted

Munni Devi v. The State Of Bihar

2025-04-19Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84782 of 2024 Arising Out of PS. Case No.-12 Year-2024 Thana- MANSI District- Khagaria ====================================================== 1.

Munni Devi Wife of Late Munna Sharma Resident of Village - Amni, P.S. - Mansi, District - Khagaria 2.

Ranjay Sharma Son of Late Vidyanand Sharma Resident of Village - Amni, P.S. - Mansi, District - Khagaria 3.

Pankaj Kumar Son of Late Vidyanand Sharma Resident of Village - Amni, P.S. - Mansi, District - Khagaria 4.

Anjali Devi Wife of Pankaj Sharma Resident of Village - Amni, P.S. - Mansi, District - Khagaria 5.

Jaimala Devi Wife of Late Vidyanand Sharma Resident of Village - Amni, P.S. - Mansi, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-04-2025

1. 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 147, 148, 149, 457, 307, 326 and 323 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner nos. 1, 4 and 5 are women.

4. Learned counsel for the petitioners next submits

Patna High Court CR. MISC. No.84782 of 2024(3) dt.19-04-2025 2/3 that from perusal of the F.I.R., it would manifest that the same was instituted on 19.01.2024 with respect to an occurrence which is alleged to have been committed on 02.12.2023 for which a complaint case was instituted on 06.01.2024 i.e. after more than a month of the occurrence. It is also submitted that allegation of assault is general and omnibus in nature. It is further submitted that from side of the petitioners, Mansi P.S. Case No. 372 of 2023 was instituted against the side of the informant and others with respect to the same occurrence dated 02.12.2023 in which the husband of the petitioner no. 1 herein died on account of assault. It is also submitted that petitioner no. 1 herein is the informant of Mansi P.S. Case No. 372 of 2023.

The learned counsel for the petitioner, thus, submits that since petitioner no. 1 herein had instituted Mansi P.S. Case No. 372 of 2023 dated 03.12.2023 with respect to an occurrence dated 02.12.2023 in which her husband was assaulted on head leading to injury and he died on account of assault on the same day, as such, the informant of the instant case by way of afterthought instituted Complaint Case No. 635C of 2023 on 06.01.2024 giving rise to the instant FIR.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Patna High Court CR. MISC. No.84782 of 2024(3) dt.19-04-2025 3/3

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mansi P.S. Case No. 12 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T