Shobha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4047 of 2022 Arising Out of PS. Case No.-101 Year-2021 Thana- JAHANABAD District- Jehanabad ====================================================== 1.

SHOBHA DEVI W/o Rajesh Yadav Resident of Village - Kharaoj, P.s.- Kalpa, Distt.- Jahanabad.

2.

Partima Devi W/o Rajesh Yadav Resident of Village - Kharaoj, P.s.- Kalpa, Distt.- Jahanabad.

3.

Ranjan Yadav Son of Rajesh Yadav Resident of Village - Kharaoj, P.s.- Kalpa, Distt.- Jahanabad.

4.

Janak Yadav Son of Late Munshi Yadav Resident of Village - Sakarpura, P.s.- Dhanarua, Distt.- Jahanabad.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 447, 327, 427, 504, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners have antecedent of three cases, petitioner nos. 1 and 2 are female and the informant alleges that he had gone to visit his field where he saw all the accused persons, including the petitioners, standing around his field and Sobha Devi was

Patna High Court CR. MISC. No.4047 of 2022(2) dt.17-08-2022 2/3 carrying a spraying machine and the informant sensed a foul smell of medicine and presumed that petitioners had spread some medicine to destroy his crops. On inquiry, Sobha Devi started abusing the informant and said that she will continue to damage the crops until and unless the informant returns the land to her, it is next alleged that informant had purchased the land from the husband of Sobha Devi.

Learned counsel for the petitioners submits that from perusal of the allegation as alleged in the F.I.R. it would manifest that the dispute is civil in nature and as far as spraying of medicine in the field is concerned, the said allegation has been leveled only to give a serious color to the case, it is further submitted that the land belongs to the husband of Sobha Devi but the informant had managed to obtain the said land from her husband which has led to the present dispute. 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 above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.4047 of 2022(2) dt.17-08-2022 3/3 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Jahanabad (Karauna O.P.) P.S. Case No. 101 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T