Uma Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2950 of 2022 Arising Out of PS. Case No.-171 Year-2021 Thana- SIRDALA District- Nawada ====================================================== 1.

UMA DEVI Wife of Dilip Sao @ Dilip Kumar Resident of Nichali Bazar Sirdala, P.S. Sirdala, District - Nawada.

2.

Nitu Devi Wife of Suresh Kumar Gupta Resident of Nichali Bazar Sirdala, P.S. Sirdala, District - Nawada.

3.

Kushum Devi W/o Rajesh Sao @ Rajesh Kumar Resident of Nichali Bazar Sirdala, P.S. Sirdala, District - Nawada.

4.

Lakhan Sao Son of Late Chhotelal Saw Resident of Nichali Bazar Sirdala, P.S. Sirdala, District - Nawada.

5.

Dilip Sao @ Dilip Kumar Son of Lakhan Sao Resident of Nichali Bazar Sirdala, P.S. Sirdala, District - Nawada.

6.

Rajesh Sao @ Rajesh Kumar Son of Lakhan Sao Resident of Nichali Bazar Sirdala, P.S. Sirdala, District - Nawada.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gauri Shankar Prasad, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners seek permission to withdraw the present anticipatory bail application with regard to petitioner nos. 4 and 6 i.e. Lakhan Sao and Rajesh Sao, who were arrested during pendency of the anticipatory bail application.

Permission is accorded.

Patna High Court CR. MISC. No.2950 of 2022(2) dt.16-08-2022 2/3 The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307 and 379 of the Indian Penal Code. Learned counsel for the petitioners submit that the petitioners are persons with clean antecedent, petitioner nos. 1, 2 and 3 are women and the informant alleges that accused persons, including the petitioners, came when informant was erecting pillar of her land and assaulted her as well as her fatherin-law, mother-in-law, husband and brother-in-law, it is next alleged that on account of assault, the legs of her father-in-law got chopped off, further injuries were received by her husband and brother-in-law on head and one Sukesh got injury near his eyes, it is further alleged that the accused persons also caused injury to the cow by Gadasa on the back.

Learned counsel for the petitioners submit that petitioners are innocent and have been falsely implicated in the present case, it is next submitted that admittedly on account of dispute relating to land, the present occurrence took place, it is further submitted that as far as petitioners are concerned, the allegation of assault against them are general and omnibus in nature, it is further submitted that from bare perusal of Annexure-3 series it would manifest that even the injured have

Patna High Court CR. MISC. No.2950 of 2022(2) dt.16-08-2022 3/3 suffered injury by hard and blunt substance on non-vital part of the body, it is next submitted that as far as allegation of chopping off leg of informant's father-in-law is concerned, the same gets belied by the injury report.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners 1, 2, 3 and 5, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory 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 the learned trial court where the case is pending/successor court in connection with Sirdalla P.S. Case No. 171 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T