Chano Devi @ Chanda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17836 of 2024 Arising Out of PS. Case No.-160 Year-2023 Thana- NIMCHAKBATHANI District- Gaya ====================================================== 1.

Chano Devi @ Chanda Devi wife of Mahesh Chauhan Village- Bathnaser PS- Neemchak Bathani dist- Gaya 2.

Mahesh Chauhan son of Dukhi Chauhan Village- Bathnaser Ps- Neemchak Bathani dist- Gaya 3.

Uday Chauhan son of Naresh Chauhan Village- Bathnaser Ps- Neemchak Bathani dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Dular Sah For the Opposite Party/s :

Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-04-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 341, 504, 506, 448, 379 and 307 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner no. 1 is a woman.

4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant based on general and omnibus allegation of assault. It is further submitted that the occurrence is alleged to have taken place on account of grazing of field of the informant by the buffalo of

Patna High Court CR. MISC. No.17836 of 2024(2) dt.04-04-2024 2/2 the petitioners. It is further submitted that on account of such dispute, an altercation had taken place between both sides in which both sides assaulted each other and from the side of the petitioners also Neemchak Bathani P.S. Case No. 161 of 2023 has been registered against the side of the informant and others. It is next submitted that no doubt both sides have received injuries, but then the allegation of assault is not specific. It is also submitted that petitioners are not criminal.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, 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 Neemchak Bathani P.S. Case No. 160 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T