Sunita Devi @ Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15841 of 2021 Arising Out of PS. Case No.-285 Year-2020 Thana- UJIYARPUR District- Samastipur ====================================================== SUNITA DEVI @ ANITA DEVI W/o Krishna Paswan, Resident of Village - Lakhanipur Maheshpatti, Ward No.13, P.S.- Ujiyarpur, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad For the Opposite Party/s :

Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-01-2022 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State through video conferencing.

The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

The petitioner apprehends her arrest in connection with Ujiyarpur P.S. Case No. 285/2020 registered for offence punishable under sections 147, 148, 149, 302, 307 and 323 of the Indian Penal Code.

The informant, Pradeep Kumar has lodged FIR stating therein that Kamli Devi, the sister of accused Krishna Paswan, came to ease herself behind the house of the informant. The

Patna High Court CR. MISC. No.15841 of 2021(2) dt.18-01-2022 2/3 father of the informant made complain and thereafter, the matter was pacified. Later on, it has been mentioned in the FIR that there was previous dispute between both the parties. After some time of pacification of matter, eight FIR named accused persons attacked the father of the informant, Suresh Paswan (since deceased). The other family members of the informant were also injured and his elder brother Chandradeep Paswan has also died to assault in Sadar Hospital, Samastipur.

The learned counsel for the petitioner has submitted that admittedly there is previous land dispute between both the parties. There is no specific allegation on the present petitioner to assault the deceased persons, rather the allegation against the petitioner is that she assaulted the mother of the informant with lathi and made her injured. The petitioner Sunita Devi is amongst the eight accused persons named in the FIR against whom there is specific allegation that they assaulted the deceased Suresh Paswan with lathi, danda, iron rod etc. Considering the above mentioned facts and circumstances, in my view, it is not a fit case for anticipatory bail and accordingly the prayer of petitioner for anticipatory bail is hereby rejected.

Office shall ensure that all defects are removed by the

Patna High Court CR. MISC. No.15841 of 2021(2) dt.18-01-2022 3/3 petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) Mahesh/- U T