Sambita Devi @ Savita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1204 of 2024 Arising Out of PS. Case No.-169 Year-2023 Thana- VIDYAPATINAGAR DistrictSamastipur ====================================================== 1.

Sambita Devi @ Savita Devi W/O Sudhir Kumar Bhatt Resident Of Village Bazidpur Ward No.6 P.S Vidyapainagar Dist Samastipur. 2.

Sujeet Kumar Bhat @ Sanjeet Kumar Bhat S/O Sudhir Kumar Bhatt Resident Of Village Bazidpur Ward No.6 P.S Vidyapainagar Dist Samastipur.

3.

Shashi Prakash Bhat S/O Sudhir Kumar Bhatt Resident Of Village Bazidpur Ward No.6 P.S Vidyapainagar Dist Samastipur.

4.

Aparajita Kumari @ Aashu Kumari D/O - Sudhir Kumar Bhatt Resident Of Village Bazidpur Ward No.6 P.S Vidyapainagar Dist Samastipur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-01-2024 Heard Mr. Kumar Praveen, learned counsel appearing on behalf of the petitioners and Mr. Dr. Ajeet Kumar, learned APP appearing on behalf of the State.

2. The petitioners apprehend their arrest in connection with Vidyapatinagar P.S. Case No.169 of 2023 registered under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code.

3. As per the allegation made in the FIR, the petitioners alongwith other co-accused persons have abused the informant and specific allegation is against Sudhir Kumar Bhatt,

Patna High Court CR. MISC. No.1204 of 2024(2) dt.24-01-2024 2/3 who had assaulted the informant with iron-rod causing head injury. The allegation of assaulting the informant is general and omnibus in nature.

4. Learned counsel appearing on behalf of the petitioners submits that the informant and accused persons named in the FIR are related with each-other. So far as, Sudhir Kumar Bhatt is concerned, the direct allegation in the FIR is that he has assaulted the informant on his head and chest and injury can be very well verified on perusal of injury report. However, the main assailant Sudhir Kumar Bhatt has been released on bail by the Co-ordinate Bench of this Court vide order dated 24.01.2024 bearing Cr. Misc. No.86225 of 2023. He submits that so far as petitioner nos.1, 3 and 4 are concerned, general and omnibus allegation has been levelled against them.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the FIR, the Court below is directed to release the petitioners on anticipatory bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each, to the

Patna High Court CR. MISC. No.1204 of 2024(2) dt.24-01-2024 3/3 satisfaction of learned A.C.J.M.-II, Dalsingsarai, Samastipur in connection with Vidyapatinagar P.S. Case No.169 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J.) Ashishsingh/- U T