Ajholi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29701 of 2024 Arising Out of PS. Case No.-657 Year-2023 Thana- RAJAON District- Banka ====================================================== 1.

Ajholi Devi Wife Of Tantul Yadav Resident Of Village - Bhusiya, P.S. - Rajoun, District - Banka 2.

Fulsar Devi Wife Of Ramsevak Yadav Resident Of Village - Bhusiya, P.S. - Rajoun, District - Banka 3.

Ramlal Yadav Son Of Ramsevak Yadav Resident Of Village - Bhusiya, P.S. - Rajoun, District - Banka 4.

Ajay Yadav Son Of Dinesh Yadav Resident Of Village - Bhusiya, P.S. - Rajoun, District - Banka 5.

Rajesh Yadav Son Of Bindeshwari Yadav Resident Of Village - Bhusiya, P.S. - Rajoun, District - Banka 6.

Rajbanshi Yadav Son Of Suresh Yadav Resident Of Village - Bhusiya, P.S. - Rajoun, District - Banka 7.

Ramsevak Yadav Son Of Dhoray Yadav Resident Of Village - Bhusiya, P.S. - Rajoun, District - Banka 8.

Bulbul Devi @ Bulo Devi Wife Of Ajay Yadav Resident Of Village - Bhusiya, P.S. - Rajoun, District - Banka 9.

Punam Devi @ Sima Devi Wife Of Ramlal Yadav Resident Of Village - Bhusiya, P.S. - Rajoun, District - Banka 10.

Savita Devi @ Sarita Devi @ Babita Devi Wife Of Rakesh Yadav Resident Of Village - Bhusiya, P.S. - Rajoun, District - Banka ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Nandan Prasad, Adv.

For the State :

Mr. Ahmad Ali, APP For the Informant :

Mr. Upendra Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2024 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant.

2. After some arguments, learned counsel for the petitioners seeks permission to withdraw this application with

Patna High Court CR. MISC. No.29701 of 2024(2) dt.03-07-2024 2/3 regard to petitioner no. 3.

3. Permission is granted.

4. Accordingly, this application with regard to petitioner no. 3 is dismissed as withdrawn.

5. Now, this application is being heard only with regard to petitioners no. 1, 2, 4 to 10.

6. Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the informant.

7. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code.

8. As per the prosecution case, the allegation against the petitioners is that they assaulted the informant and his family members.

9. Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. There is no specific overt act against the petitioners. He submits that there is no specific overt act against the petitioners. He further submits that one of the injured person has sustained

Patna High Court CR. MISC. No.29701 of 2024(2) dt.03-07-2024 3/3 grievous injury, it is clear from the impugned order itself. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

10. Learned APP for the State and learned counsel for the informant opposed the prayer for anticipatory bail.

11. Having regard to the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners no. 1, 2 and 4 to 10, let the above named petitioners no.1, 2 and 4 to 10, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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 Rajoun P.S. Case No. 657 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

12. Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) anand/- U T