Gita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20159 of 2020 Arising Out of PS. Case No.-163 Year-2019 Thana- SANOKHAR District- Bhagalpur ====================================================== 1.
GITA DEVI Wife of Sudin Sah 2.
Arjun Sah Son of Late Chandar Sah 3.
Sargun sah Son of Late Chandar Sah 4.
Mano Devi @ Meena Devi Wife of Sargun Sah 5.
Dulari Devi Wife of Arjun Sah 6.
Sintu Kumar Sah Son of Sudin Sah 7.
Sanjay Sah Son of Arjun Sah 8.
Garib Sah Son of Late Biranchi Sah 9.
Karu Kumar Sah Son of Garib Sah 10.
Shobha Devi Wife of Garib Sah All Resident of Village - Badi Naki, P.S. - Sanokhar, District - Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharda Nand Mishra For the Opposite Party/s :
Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-02-2021 Heard learned counsel for the petitioners and learned counsel for the State.
Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 149, 341, 323, 308, 379,504 and 506 of the Indian Penal Code. Informant has alleged that on 03.12.2019 while she was at her field, accused persons came and started abusing and on protest, they assaulted her with fists and slaps and threw her
Patna High Court CR. MISC. No.20159 of 2020(3) dt.01-02-2021 2/3 on the ground and when her husband came to save her, then the accused persons also assaulted him with lathi, as a result of which, her husband sustained injury on his head. Thereafter, other accused persons also came and started abusing and assaulting, as a result of which, Singeshwar Sah, Mirtuniya Devi, Mahesh Sah and Manki Devi sustained injuries on their persons including head and in course thereof, accused persons snatched silver chain from the neck of the informant. It has been submitted on behalf of the petitioners that they are innocent and have falsely been implicated in this case. It is further submitted that petitioners and informant are agnates and admittedly land dispute is going between them and there is also a case and counter case between the parties. It is contended that there is general and omnibus allegation against the petitioners and injuries are found to be simple in nature. Petitioners have no criminal antecedent.
Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below
Patna High Court CR. MISC. No.20159 of 2020(3) dt.01-02-2021 3/3 where the case is pending in connection with Sanokhar P.S. Case No.163/19 subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners shall co-operate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel their bail bonds.
(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (S. Kumar, J) Sanjay/- U T