Muni Lal Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82862 of 2023 Arising Out of PS. Case No.-692 Year-2022 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== 1.

MUNI LAL MEHTA SON OF LATE RAMESHWAR MEHTA R/O VILLAGE- JAGNI, C WARD NO.3, P.S.- K. NAGAR, (CHAMPRA NAGAR ), DISTRICT- PURNEA 2.

KIRAN DEVI WIFE OF MUNILAL MEHTA R/O VILLAGE- JAGNI, C WARD NO.3, P.S.- K. NAGAR, (CHAMPRA NAGAR ), DISTRICTPURNEA 3.

ROZI KUMARI D/O MUNILAL MEHTA R/O VILLAGE- JAGNI, C WARD NO.3, P.S.- K. NAGAR, (CHAMPRA NAGAR ), DISTRICTPURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Bidhu Ranjan, Adv.

For the Opposite Party/s :

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-01-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 324, 307, 504, 506, 34 of the IPC.

3.

Allegation against the petitioner no.1 is that he assaulted on the left hand of informant by means of spade, allegation against the petitioner no.2 is that she along with co-accused Sanjiv Kumar assaulted the wife of the informant by means of

Patna High Court CR. MISC. No.82862 of 2023(2) dt.05-01-2024 2/3 stick, blunt, bricks and stones and allegation against the petitioner no.3 is that she assaulted on the head of Ajeet Mehta by means of spade.

4.

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 taken place. Parties are own agnates and there is a land dispute between them. It is submitted that there is an inordinate delay of seven days in lodging the F.I.R., which itself creates doubt about the prosecution case. It is fairly submitted that in the impugned order, the Court below has considered the injury report but the nature of injury is not mentioned. Petitioners have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

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 court below where the case is pending/Successor Court in

Patna High Court CR. MISC. No.82862 of 2023(2) dt.05-01-2024 3/3 connection with K. Nagar (Champa Nagar) P.S. Case No.692 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