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Patna High CourtCR. MISC./86350/2024allowed

Seema Devi v. The State Of Bihar

2024-12-17Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85831 of 2024 Arising Out of PS. Case No.-205 Year-2024 Thana- ISUAPUR District- Saran ====================================================== Ravindra Raut Son of Baliram Raut Resident of village -Sardhwara PSIsuapur District- Saran. ... ... Petitioner/s

Versus

The State of Bihar. ... ... Opposite Party/s ====================================================== WITH CRIMINAL MISCELLANEOUS No. 86350 of 2024 Arising Out of PS. Case No.-205 Year-2024 Thana- ISUAPUR District- Saran ====================================================== 1.

Seema Devi wife of Ravindra Raut Resident of village -Sardhwara PSIsuapur District- Saran 2.

Savindra Raut son of Late Baliram Raut Resident of village -Sardhwara PSIsuapur District- Saran ... ... Petitioners.

Versus

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

(In CRIMINAL MISCELLANEOUS No. 85831 of 2024) For the Petitioner/s :

Mr. Nawnit Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 86350 of 2024) For the Petitioner/s :

Mr. Nawnit Kumar Tiwary, Advocate For the Opposite Party/s :

Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-12-2024 As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.

2. Heard learned counsel for the petitioners and learned A.P.P. for the State.

3. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 115 (2), 118 (1), 109,

Patna High Court CR. MISC. No.85831 of 2024(2) dt.17-12-2024 2/3 126 (2), 351 (2) & 352 of the Bharatiya Nyaya Sanhita, 2023.

4. While the informant and his son were running their grocery shop, all the accused persons named in the F.I.R. including these petitioners having with deadly weapons came to the informant and assaulted him and his son by their respective arms.

5. 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 omnibus in nature. It is further submitted that informant's son often used to tease the minor daughter of petitioner-Seema Devi and on the alleged date of occurrence when the minor daughter of petitioner-Seema Devi was returning to her home with her brother after taking tuition and reached near the shop of the informant, his son Munna Sah started making obscene gesture to the petitioner's daughter and her brother reacted angrily and scuffle took place and on the commotion, the villagers came there and pacify both the parties. During course of scuffle, the informant leg slipped and fell down on the floor and due to that reason, he sustained injury which is simple in nature, as opined by the doctor. This false and frivolous case has been lodged only with an intent to safeguard and to prove

Patna High Court CR. MISC. No.85831 of 2024(2) dt.17-12-2024 3/3 their innocence. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

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

7. 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 lower Court where the case is pending/successor Court in connection with Isuapur P.S. Case No.205 of 2024, subject to the condition as laid down under Section 482 (2) Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

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