Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10393 of 2020 Arising Out of PS. Case No.-395 Year-2019 Thana- BIHPUR District- Bhagalpur ====================================================== 1.

Anita Devi aged 29 (Female), W/o Sonelal Pandit @ Sonerlal Pandit R/o Village - Bhawanipur Bandh, P.S.- Bihpur (Bhawanipur), Distt.- Bhagalpur. 2.

Lalita Devi aged 69 (Female), W/o - Ramdev Pandit @ Ramdeo Pandit, R/o Village - Bhawanipur Bandh, P.S.- Bihpur (Bhawanipur), Distt.- Bhagalpur.

3.

Khushabu Devi aged 23 ( Female), W/o- Munna Kumar Pandit, R/o Village - Bhawanipur Bandh, P.S.- Bihpur (Bhawanipur), Distt.- Bhagalpur. 4.

Chunu Pandit @ Chunna Pandit aged 23 ( Male), S/o -Sonelal Pandit , R/o Village - Bhawanipur Bandh, P.S.- Bihpur (Bhawanipur), Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bachan Jee Ojha For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-06-2020 Heard Mr. Bachan Jee Ojha , learned counsel for the petitioners and Mr. Shailebndra Kumar, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioners apprehend arrest in connection with Bihpur (Bhawanipur ) P.S. Case No. 395 of 2019 registered for the offence punishable under Section 147, 149, 341, 323, 379, 504, 506, 447, 307 of the I.P.C.

The allegation against the petitioners is that the accused persons, seven in number, entered into the house of the

Patna High Court CR. MISC. No.10393 of 2020(2) dt.18-06-2020 2/3 informant- Urmila Devi and assaulted her and other family members by means of lathi , fists and slaps.

Learned counsel for the petitioners submits that both the parties are agnates and there is land dispute between them. Learned counsel further submits that there is case and counter case between the parties inasmuch the side of the petitioners have also lodged a complaint bearing Complaint Case No. 558 of 2019 against the informant and others. Learned counsel further submits that from perusal of the injury reports it would be evident that informant and one Gorelal Pandit received simple injuries.

Having regard to the submissions made by the parties and taking into consideration the fact that both the parties are agnates, there is land dispute between them and the injuries caused to informant and another have been found to be simple in nature, I am inclined to grant anticipatory bail to the petitioners.

Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioners, above named, shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M-1st ,

Patna High Court CR. MISC. No.10393 of 2020(2) dt.18-06-2020 3/3 Naugachia, Bhagalpur in connection with Bihpur (Bhawanipur) P.S. Case No. 395 of 2019, subject to the condition as laid down under Section 438 (2) of the Code Of Criminal Procedure. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) praful/- U T