Pushpanjali Devi @ Pushpanjali Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6376 of 2023 Arising Out of PS. Case No.-32 Year-2022 Thana- NAUHATTA District- Rohtas ====================================================== 1.

PUSHPANJALI DEVI @ PUSHPANJALI KUMARI Wife of Sri Chandan Paswan @ Chandan Kumar Paswan R/V- Karmadiha, P.S- Nauhatta DistRohtas 2.

Chandan Paswan @ Chandan Kumar Paswan Son of Damodar Paswan R/VKarmadiha, P.S- Nauhatta Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Jai Narain Thakur, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-04-2023 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 341, 323, 353, 427, 504, 506 and 34 of the Indian Penal Code.

Allegedly, one Phulendra Ram filed a petition for inspection of land before the informant and when he was going to inspect the land, petitioner no.1 asked him on what basis he is inspecting the land. After some altercation, petitioner no.1 is said to have snatched the revenue receipt and tore it. Petitioner no.1 along with her father-in-law assaulted the guard and other persons.

Patna High Court CR. MISC. No.6376 of 2023(2) dt.11-04-2023 2/3 It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. Petitioner no.1 is the wife of petitioner no.2 and the petitioner no.1 is the elected Sarpanch of Uli-Banahi Panchayat. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to dirty viallge politics. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is case and counter case between the parties. Both sides have filed cases against each other. It is further submitted that the land in question has already been settled by the then C.O. on 12.01.1988 in the name of Karmadeo Dusadh who is grand-father of petitioner no.2. He further submits that the rent receipt has been granted in the name of Karmadeo Dusadh from the very beginning to 02.02.2022. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of the case, as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of

Patna High Court CR. MISC. No.6376 of 2023(2) dt.11-04-2023 3/3 Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Nauhatta P.S. Case No. 32 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T