Mina Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.239 of 2024 Arising Out of PS. Case No.-423 Year-2023 Thana- EKMA District- Saran ====================================================== 1.
Mina Devi Wife Of Virendra Rai @ Virendra Singh Resident Of Village - Hariharpur, P.S. - Ekma, District - Saran 2.
Sayanki Kumari Daughter Of Virendra Rai @ Virendra Singh Resident Of Village - Hariharpur, P.S. - Ekma, District - Saran ... ... Appellant/s
Versus
1.
The State Of Bihar 2.
Rinku Kumari Daughter Of Kedar Gorh Resident Of Village - Hariharpur, P.S. - Ekma, District - Saran ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Anjani Parashar, Advocate For the State :
Mr.Usha Kumari 1, Spl. PP For the Informant :
Mr. Ashutosh Tripathi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-12-2025 Heard learned counsel for the appellants, learned Special Public Prosecutor for the State and learned counsel for the informant / respondent no. 2.
2. This appeal is preferred against the order dated 01.12.2023 passed by the learned Exclusive Special Judge, S.C./S.T., Saran at Chapra, in connection with Ekma P.S. Case No. 423 of 2023 registered for the offence under sections 341, 324, 323, 504, 506, 34 of the Indian Penal Code and sections 3(1)(r), 3(i)(s), 3(i)(w) and 3(2)(va) of the S.C./S.T. Act, by which the prayer of the appellants for grant of anticipatory bail has been rejected.
Patna High Court CR. APP (SJ) No.239 of 2024(3) dt.02-12-2025 2/3
3. The allegation against the appellants is that the appellants and one another accused person had abused the informant and assaulted her with lathi, danda and fists.
4. Learned counsel for the appellants submits that the appellants and the family of the informant are neighbours and they have a estranged relationship owing to dispute over balcony (Chhajja). Further, it is submitted that the parties have settled their disputes.
5. Learned Special Public Prosecutor for the State and learned counsel for the informant opposed the prayer of the appellants for grant of bail.
6. For a dispute between neighours, the occurrence has taken place. Now, the parties have settled their disputes and do not want to proceed any further.
7. Having considered the submissions of learned counsel for the appellants, the fact that there is a dispute between neighbours and according to the learned counsel, the same has been settled between the parties, this Court is inclined to grant anticipatory bail to the appellants.
8. Accordingly, this appeal is allowed and the impugned order dated 01.12.2023 is hereby set aside.
9. Let the appellants, in the event of their arrest or
Patna High Court CR. APP (SJ) No.239 of 2024(3) dt.02-12-2025 3/3 surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, S.C./S.T., Saran at Chapra/ concerned Court, in connection with Ekma P.S. Case No. 423 of 2023, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the BNSS. (Sandeep Kumar, J) P. Kumar U T