Geeta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15712 of 2022 Arising Out of PS. Case No.-421 Year-2021 Thana- HARSIDHI District- East Champaran ====================================================== 1.

Geeta Devi, Wife Of Amrendra Das Resident Of Village - Pannapur Naika Tola, P.S. Harsidhi, District - East Champaran. 2.

Amrendra Das, Son Of Late Swarup Das @ Sarup Das Resident Of Village - Pannapur Naika Tola, P.S. Harsidhi, District - East Champaran. 3.

Suraj Kumar @ Suraj Das, Son Of Late Swarup Das @ Sarup Das Resident Of Village - Pannapur Naika Tola, P.S. Harsidhi, District - East Champaran. 4.

Mahesh Das, Son Of Janki Das Resident Of Village - Pannapur Naika Tola, P.S. Harsidhi, District - East Champaran.

5.

Pratima Devi, Wife Of Shambhu Das Resident Of Village - Parsa, P.S. - Majhauliya, District - West Champaran.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-09-2022 The learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application with respect to petitioner nos.2, 3 and 4 as they have been arrested by the police.

Permission is accorded.

Accordingly, instant petition is dismissed as withdrawn as having become infructuous with respect to petitioner nos.2, 3 and 4.

Heard learned counsel for the rest petitioners and the

Patna High Court CR. MISC. No.15712 of 2022(2) dt.21-09-2022 2/3 learned APP for the State.

The petitioner nos.1 and 5 seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 354, 379, 504/ 34 of the Indian Penal Code.

The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on 21.10.2021 at 8.00 A.M. when he was at his door when all 11 (eleven) named accused persons including the petitioners came variously armed and started abusing and assaulting the informant on account of dispute relating to land. It is next alleged that Mahesh Das assaulted informant's brother by an iron rod causing injury on the head and Amrendra Das assaulted the wife of informant's younger brother causing injury on her head and Surya Das disrobed her. It is next alleged that Tuntun Das, Sona Kumari, Pratima Devi along with other named accused persons abused and assaulted and Rajesh Das snatched Rs.20,000/- from the pocket of the informant.

The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case. The allegation of assault is specific against Mahesh Das and

Patna High Court CR. MISC. No.15712 of 2022(2) dt.21-09-2022 3/3 Amrendra Das, who have already been arrested and as far as allegation against some accused persons are general and omnibus in nature. It is also submitted that the injuries suffered by the informant is simple in nature.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

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 Court below within a period of six weeks from today, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Harsidhi P. S. Case No.421 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T