Geeta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9392 of 2022 Arising Out of PS. Case No.-222 Year-2020 Thana- AURAI District- Muzaffarpur ====================================================== 1.

GEETA DEVI W/o Raghunath Sah Resident of Village - Nayagoan , Tole Usri Besi, P.s.- Aurai, Distt.- Muzaffarpur.

2.

Gita Devi @ Sita Devi W/o Nandkishore Sah Resident of Village - Nayagoan , Tole Usri Besi, P.s.- Aurai, Distt.- Muzaffarpur. 3.

Sunita Devi W/o Ganesh Sah Resident of Village - Nayagoan , Tole Usri Besi, P.s.- Aurai, Distt.- Muzaffarpur.

4.

Priyanka Kumari @ Priyanka Devi W/o Raghvendra Sah Resident of Village - Nayagoan , Tole Usri Besi, P.s.- Aurai, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-09-2022 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 147, 148, 149, 323, 307, 325, 504 and 302 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and are women and the informant alleged that on 13.11.2020 at about 3:00 PM, informant's husband, Raj Kumar Sah and Neelam Devi were at informant's house and started assaulting the informant's

Patna High Court CR. MISC. No.9392 of 2022(2) dt.02-09-2022 2/3 husband and Raj Kumar on account of land dispute, it is next alleged that Ganesh Sah assaulted with katta on head of informant's husband injuring him, thereafter Dharmendra assaulted with sword causing injury on left hand next Raghvendra Sah assaulted with shaft and further Nand Kishore Sah assaulted with tangi causing injury to Raj Kumar Sah on both of his hands, further Mahendra Sah assaulted with farsa causing injury on legs of Raj Kumar Sah, thereafter it is alleged that Anjit Sah assaulted Raj Kumar Sah with an axe and thereafter the petitioners assaulted both the victims and injured them, thereafter it is alleged that on account of assault the husband and Raj Kumar Sah died.

Learned counsel for the petitioners submits that from of the allegation as alleged in the FIR, it would manifest that the informant has specifically alleged that who were the accused who assaulted her husband and Raj Kumar Sah, it is next submitted that petitioners being female and family members of Ganesh Sah and others came to be implicated with general and omnibus allegation that they assaulted both the victim. It is next submitted that no specific overt act of assault is alleged any of the petitioners.

Learned A.P.P. for the State opposes the prayer for

Patna High Court CR. MISC. No.9392 of 2022(2) dt.02-09-2022 3/3 anticipatory bail of the petitioners and the fact that petitioners are women 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 Aurai P.S. Case No. 222 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T