Patna High Court - Orders
Rita Devi vs The State Of Bihar on 7 July, 2022
Author: Ashwani Kumar Singh
Bench: Ashwani Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69538 of 2021
Arising Out of PS. Case No.-107 Year-2021 Thana- SANOKHAR District- Bhagalpur
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1. Rita Devi Wife of Chhanguri Paswan Resident of Village - Arar (Miljumla
Pokhar), P.S.- Sanaukhar, District - Bhagalpur.
2. Moni Devi Daughter of Chhanguri Paswan Wife of Mithun Paswan,
Resident of Village - Arar (Miljumla Pokhar), P.S.- Sanaukhar, District -
Bhagalpur.
3. Reshmi Devi @ Reshma Kumari Daughter of Chhanguri Paswan Resident
of Village - Arar (Miljumla Pokhar), P.S.- Sanaukhar, District - Bhagalpur.
4. Chhanguri Paswan Son of Late Sridhar Paswan Resident of Village - Arar
(Miljumla Pokhar), P.S.- Sanaukhar, District - Bhagalpur.
5. Panch Lal Paswan @ Devjee Kumar Son of Chhanguri Paswan Resident of
Village - Arar (Miljumla Pokhar), P.S.- Sanaukhar, District - Bhagalpur.
6. Salkhi Devi @ Deji Devi Daughter of Chhanguri Paswan Wife of Sanjay
Paswan, Resident of Village - Dhuabey, P.S.- Sanaukhar, District -
Bhagalpur.
7. Sanjay Paswan Son of Kailash Paswan Resident of Village - Dhuabey, P.S.-
Sanaukhar, District - Bhagalpur.
8. Sani Devi @ Pooja Devi Wife of Bhedha Paswan @ Abedha Paswan
Daughter of Chhanguri Paswan, Resident of Village - Belbadda, P.S.-
Sanaukhar, District - Bhagalpur.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
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Appearance :
For the Petitioner/s : Mr. Davendra Kumar Pandey, Adv.
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL ORDER
2 07-07-2022This application has been listed under the heading "For Orders".
Registry has pointed out several defects in the present application.
Mr. Davendra Kumar Pandey, learned counsel for the Patna High Court CR. MISC. No.69538 of 2021(2) dt.07-07-2022 2/3 petitioners submitted that the defects are mainly because only e-filing of the applications are permitted by the Court. He submitted that the defects can be removed only after filing of hard copy is permitted. He undertook that even if the applications are heard and disposed of on merit, in due course of time, when the Court would permit filing of hard copy, the defects pointed out by the registry would be removed.
In view of the submissions made by the learned counsel for the petitioners, with consent of the parties, the application has been taken up for hearing on merit.
The petitioners seek pre-arrest bail in connection with Sanokhar P.S. Case No. 107 of 2021 registered for the offences punishable under Sections 341, 323, 308, 448, 427, 504 and 506/34 of the Indian Penal Code.
Considering the inordinate and unexplained delay of six days caused in filing the First Information Report with a general and omnibus allegation in which apart from Section 308 of the Indian Penal Code all other Sections are bailable in nature, I am inclined to grant pre-arrest bail to the petitioners. They are directed to be released on bail, in the event of their arrest or surrender before the court below, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of Patna High Court CR. MISC. No.69538 of 2021(2) dt.07-07-2022 3/3 the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Bhagalpur in connection with Sanokhar P.S. Case No. 107 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Ashwani Kumar Singh, J) rohit/-
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