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Patna High CourtCR. MISC./16448/2024allowed

Sosa Devi @ Mikha Devi @ Susshila Devi v. The State Of Bihar

2024-03-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16448 of 2024 Arising Out of PS. Case No.-109 Year-2023 Thana- GHOSWARI District- Patna ====================================================== Sosa Devi @ Mikha Devi @ Susshila Devi Wife of Suresh Yadav R/o VillageTartar Niyamat Tola, P.S.- Ghoswari, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey For the Opposite Party/s :

Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 341 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The petitioner in association of other co-accused is said to have assaulted the informant and others and they have also committed other offences in the manner as mentioned in the F.I.R.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. She has been falsely implicated in this case. It is further submitted that the parties are co-villagers and distant agnates also and they are bickering over the land dispute since long. The allegation

Patna High Court CR. MISC. No.16448 of 2024(2) dt.14-03-2024 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. Both sides have filed cases against each other. It is further submitted that after investigation the police submitted final form against the petitioner but the learned Magistrate differing with the police report took cognizance agaisnt the petitioner. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) 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 Ghoshwari P.S. Case No. 109 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T