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Patna High CourtCR. MISC./84845/2024allowed

Raushani @ Raushani Khatoon v. The State Of Bihar

2024-12-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84845 of 2024 Arising Out of PS. Case No.-302 Year-2024 Thana- LAHERIYASARAI District- Darbhanga ====================================================== 1.

Raushani @ Raushani Khatoon Daughter of Md. Firoz Resident of Mohalla - Kilaghat, P.S. - Lahariasarai, District - Darbhanga 2.

Shabana @ Shabana Khatoon Wife of Md. Firoz Resident of Mohalla - Kilaghat, P.S. - Lahariasarai, District - Darbhanga 3.

Md. Firoz Son of Md. Aale Resident of Mohalla - Kilaghat, P.S. - Lahariasarai, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baidyanath Prasad For the Opposite Party/s :

Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2024 Heard learned counsels for the parties.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504, 506, 34 of the Indian Penal Code.

3.

As per the FIR, petitioners entered into the house of the informant and put iron chain in the neck of Md. Saddam and started pulling it. When the informant and his family members came to save him, they were assaulted by the accused persons. 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. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.84845 of 2024(2) dt.12-12-2024 2/2 allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. There is a previous dispute between the parties and both the sides are neighbours. It is further submitted that the injury of the injured persons was simple in nature. Petitioners have no criminal antecedent.

5.

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

6.

Having regard to the facts and circumstances of the case as 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 court below where the case is pending/Successor Court in connection with Laharisarai P.S. Case No.302 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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