Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18704 of 2024 Arising Out of PS. Case No.-1011 Year-2023 Thana- BIHAR District- Nalanda ====================================================== 1.

Sunita Devi W/O- Pappu Yadav R/O- Village- Patuana, P.S.- Bihar, Dist.- Nalanda.

2.

Rubi Devi W/O- Right Yadav @ Dablu Yadav R/O- Village- Patuana, P.S.- Bihar, Dist.- Nalanda.

3.

Pappu Yadav S/O- Late Raj Baran Yadav R/O- Village- Patuana, P.S.- Bihar, Dist.- Nalanda.

4.

Right Yadav @ Dablu Yadav S/O- Late Raj Baran Yadav R/O- VillagePatuana, P.S.- Bihar, Dist.- Nalanda. 5.

Sonu Kumar S/O- Nagina Yadav R/O- Village- Devrapur, P.S.- Rahuai, Dist.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Majid Mahboob Khan, Advocate For the State :

Mr. Umeshanand Pandit, A.P.P.

For the Informant :

Mr. Ajay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-05-2024 Heard learned counsel for the petitioners, informant and Mr. Umeshanand Pandit, learned A.P.P. for the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 380, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is alleged that on 26.11.2023 at about 2 P.M. Papoo Yadav, Right Yadav @ Dablu Yadav, Urmila Devi, Dheeraj Kumar, Sunita Devi, Rubi Devi, Sonu Kumar came to his field with variously armed while the informant was cutting

Patna High Court CR. MISC. No.18704 of 2024(3) dt.07-05-2024 2/3 the grass in his field, they assaulted him. Thereafter, Pappu Yadav and Right Yadav @ Dablu Yadav assaulted him with iron rod on his head and he become injured badly. Then his wife Sunita Devi and two daughters Muskan Kumari and Mausam Kumari and other villagers came there to save him, then Dheeraj Kumar assaulted his daughter Muskan Kumari with the butt of pistol on her head. Suraj Kumar who was holding iron rod assaulted Mausam Kumari due to that she sustained injury on her head, his wife was assaulted by accused Sunita Devi and thereafter, they fled away after giving threat and opening fire that if case is instituted then they will kill him. It is further alleged that on the same day at about 1 A.M. all the named accused entered in his house by breaking lock and looted golden and silver jewellery worth Rs. 50,000/-.

4. Learned counsel for the petitioners submits that on account of land dispute, the alleged occurrence of maar-peet took place between the parties. Injuries caused by these petitioners are simple in nature. Petitioner Nos. 1 and 2 are ladies and claim clean antecedent. Petitioner Nos. 3, 4 and 5 have got one criminal antecedent in which they are on bail.

5. Learned counsel for the informant vehemently opposed the bail application

Patna High Court CR. MISC. No.18704 of 2024(3) dt.07-05-2024 3/3

6. Considering the simple nature of injuries, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Biharsharif in connection with Bihar P. S. Case No. 1011 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T