Patna High CourtCR. MISC./85774/2023allowed

Reena Devi v. The State Of Bihar

2024-01-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85774 of 2023 Arising Out of PS. Case No.-327 Year-2023 Thana- PIRPAINTI District- Bhagalpur ====================================================== 1.

Reena Devi W/o Arun Yadav R/o vill - Kamalpur, P.S. - Pirpaiti, Distt. - Bhagalpur 2.

Arun Yadav Son of Saudagar Yadav R/o vill - Kamalpur, P.S. - Pirpaiti, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ambrish Kumar Jha For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 302, 504 and 506 of the Indian Penal Code.

3. The allegation against the petitioners along with others is of brutally assaulted the informant and his son due to which the informant's son succumbed to injury.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case due to old dispute. They have committed no offence. He submitted that both the parties are own family members and due to some

Patna High Court CR. MISC. No.85774 of 2023(2) dt.10-01-2024 2/2 previous dispute in family some altercation took place between them. There is general and omnibus allegation against the petitioners and no specific overt act of assaulting against them. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody for three months.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhagalpur in connection with Pirpainti P.S. Case No. 327 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T