Anju Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84440 of 2024 Arising Out of PS. Case No.-157 Year-2024 Thana- BAHADURPUR District- Patna ====================================================== 1.
Anju Devi wife of Sudhir Sahni Village- Sandalpur, yadav Lane, PsBahadurpur dist- Patna 2.
Sudhir Sahni son of Lallu Sahni Village- Sandalpur, yadav Lane, PsBahadurpur dist- Patna 3.
Aman Kumar son of Sudhir Sahni Village- Sandalpur, yadav Lane, PsBahadurpur dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rudra Deo, Advocate For the State :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 11-12-2024 Heard Ld. counsel for the petitioners and Ld. APP for the State.
2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Bahadurpur P.S. Case No. 157 of 2024, registered for the offences punishable under Sections 341, 323, 406, 307 read with Section 34 of the Indian Penal Code.
3. As per the FIR, there is allegation of assault against the accused persons to the informant causing injury on his head.
4. Ld. counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this
Patna High Court CR. MISC. No.84440 of 2024(2) dt.11-12-2024 2/3 case. He further submits that there is no specific allegation against the petitioners and it was Sahil Kumar, who has been allegedly assaulted the informant with iron rod, causing injury on his head, which is simple in nature as per the medical opinion.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioners have no criminal antecedents.
7. Ld. APP for the State vehemently opposes the prayer of the Petitioners for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Ld. Judicial Magistrate, Patna City, Patna, in connection with Bahadurpur P.S. Case No. 157 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and
Patna High Court CR. MISC. No.84440 of 2024(2) dt.11-12-2024 3/3 on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioners. (Jitendra Kumar, J) shoaib/- U T