Geeta Devi v. The State of Bihar
Case at a glance
- Bench
- SUNIL KUMAR PANWAR
Provisions considered
- Indian Penal Code, 1860 ss. 147, 307, 323, 341, 379, 504, 506
- Code of Criminal Procedure, 1973 ss. 41(1), 438(2)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR Mr.Manoj Kumar Jha Mr.Anand Mohan Prasad Mehta ORAL ORDER 2 30-11-2022 Heard learned counsel for the petitioners and learned APP for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 307, 379, 504, 506 of the Indian Penal Code. The prosecution case as per F.I.R is that all the accused persons including petitioners, came on the under constructed house of the informant and started abusing. When the informant made protest then accused persons assaulted the informant and when other family members of the informant came to her rescue, they were also assaulted Patna High Court CR. MISC. No.37370 of 2022(2) dt.30-11-2022 by the accused persons.
It is specific allegation against Satyabhama Devi that she snatched golden chain from the neck of the informant. It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in the present case. It is also submitted that there is counter version of the occurrence also and petitioners’ side also received injuries. There is general and omnibus allegation against the petitioners and there is no specific overt act against the petitioners. It is further submitted that during investigation, petitioners and other co-accused persons were granted benefit of Section 41(1) of the Cr.P.C. by the police and they never misused the privilege of the same. There is no accusation of repeating the blow. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.
10,000/-(Ten Thousands) each Patna High Court CR. MISC. No.37370 of 2022(2) dt.30-11-2022 with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate IX, Bhagalpur in connection with Jagdishpur P.S. Case No. 254 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) nirajkrs/- U T
Precedent status how later indexed judgments have treated this case
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