Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19798 of 2022 Arising Out of PS. Case No.-448 Year-2021 Thana- EKMA District- Saran ====================================================== 1.

REKHA DEVI W/o Ajay Kumar Sah R/o village- Mane, P.S.- Ekma, District- Saran at Chapra 2.

Dharmshila Devi W/o Sanjay Sah R/o village- Mane, P.S.- Ekma, DistrictSaran at Chapra 3.

Dhananjay Sah S/o Late Jaleshwar Sah R/o village- Mane, P.S.- Ekma, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP Mr. Tej Pratap Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-10-2022 Heard learned counsel for the petitioners, Shri Tej Pratap Singh, learned counsel for the informant and learned A.P.P. for the State The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 324, 307, 504, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent, petitioner nos. 1 and 3 are women and the informant alleges that on 13.11.2021 at 2:30 pm, while he was having conversation with his family members at his door, all the six accused persons, including the

Patna High Court CR. MISC. No.19798 of 2022(2) dt.18-10-2022 2/3 petitioners, came and started abusing and when he protested, Ajay Kumar Sah assaulted him with an iron rod causing injury on his head and thereafter Paramshila Devi hurled abuses at informant's brother and assaulted with lathi, stick and fist, thereafter all the accused persons assaulted the victim. Learned counsel for the petitioners submits that from perusal of the allegations as alleged in the FIR it would manifest that a general and omnibus allegation of assault against the petitioners has been alleged, it is next submitted that specific allegation of assault is against Ajay Kumar Sah causing injury on head of the informant, it is also submitted that there is a land dispute and the petitioners and the informant are patidars. Learned A.P.P. for the State and learned counsel for the informant oppose the prayer for anticipatory bail of the petitioners but are not able to meet the submission of the learned counsel for the petitioner that the allegations of assault is specific against Ajay Kumar Sah.

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, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.19798 of 2022(2) dt.18-10-2022 3/3 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Ekma P.S. Case No. 448 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T