Hemanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17637 of 2023 Arising Out of PS. Case No.-233 Year-2020 Thana- BARUN District- Aurangabad ====================================================== HEMANTI DEVI Wife of Budhdev Paswan Resident of Village - Karamdih, P.S.- Barun, Dist.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramendra Kumar Singh, Advocate.

For the Opposite Party/s :

Md. Aslam Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-05-2023 Heard the parties.

Petitioner apprehends her arrest in connection with Barun P.S. Case No. 233 of 2020 dated 1.12.2020 registered for the offence punishable under Sections 448, 341, 147, 323, 307, 506 and 504 of the Indian Penal Code.

As per the First Information Report the petitioner along with other accused persons, altogether 16 in numbers, assaulted the informant and others.

Learned counsel for the petitioner submits that both the parties are agnates and there is admitted land dispute between them. He further submits that the injury caused to the informant has been found to be simple in nature as would be evident from the injury report annexed at Annexure-2 series. On the other hand, learned counsel for the Informant

Patna High Court CR. MISC. No.17637 of 2023(2) dt.31-05-2023 2/2 vehemently opposed the prayer for bail and submits that the petitioner along with other accused persons assaulted the informant and others, due to which, three persons have sustained injuries.

Regards being had to the submission made by the parties and taking into consideration the materials on record and the fact that the injury caused to the informant is simple in nature and the petitioner is a lady, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioner, above named, shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Barun P.S. Case No. 233 of 2020, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) S.Ali/- U T