Sunaina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14795 of 2023 Arising Out of PS. Case No.-808 Year-2022 Thana- BARHARA District- Bhojpur ====================================================== 1.

SUNAINA DEVI W/o Surendra Rai R/o Village- Badahara, P.O. and P.S.- Barahara, Distt- Bhojpur at Ara, Bihar-802311. 2.

Jyoti Kumari @ Jyoti Devi W/o Samir Kumar R/o Village- Badahara, P.O. and P.S.- Barahara, Distt- Bhojpur at Ara, Bihar-802311. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saket Anand, Advocate For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-05-2023 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Barhara PS case no. 808 of 2022, registered for the offences punishable under Sections 307, 354 and other allied sections of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioners herein having arrived at the field of the informant on the alleged date and time of occurrence, whereafter they are stated to have assaulted the informant. The learned counsel for the petitioners submits that petitioners are innocent, have been falsely implicated in the

Patna High Court CR. MISC. No.14795 of 2023(2) dt.24-05-2023 2/3 present case and are having a clean antecedent. The learned counsel for the petitioners has further submitted that the injury sustained by the informant has been found to be simple in nature, hence the petitioner be granted the privilege of anticipatory bail.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record apart from the fact that the injury sustained by the informant, in the alleged incident, has been found to be simple in nature and the petitioners are having a clean antecedent, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail.

Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Ara at Bhojpur in connection with

Patna High Court CR. MISC. No.14795 of 2023(2) dt.24-05-2023 3/3 Barhara PS case no. 808 of 2021, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T