Geeta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26584 of 2020 Arising Out of PS. Case No.-81 Year-2019 Thana- DARIHAT District- Rohtas ====================================================== 1.

GEETA DEVI wife of Premchand Singh Resident of Village - Dharahara, Police Station - Darihat, District - Rohtas.

2.

Sandeep Kumar Son of Premchand Singh Resident of Village - Dharahara, Police Station - Darihat, District - Rohtas.

3.

Sushil Kumar Son of Premchand Singh Resident of Village - Dharahara, Police Station - Darihat, District - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-01-2021 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 149, 341, 447, 323, 324, 325, 307, 354, 504, 506, 379 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

Allegedly, while the informant along with his family members was constructing his building through brick, the accused persons having armed with Lathi, Danda, Gadansa, Fasuli and Tangi came there and having started abusing, prevented the informant from constructing the building, as a

Patna High Court CR. MISC. No.26584 of 2020(4) dt.25-01-2021 2/3 result of which, on the order of one Premchand Singh, his wife, daughter and sons, assaulted them. It is alleged that in the incident, injury was caused to the informant side. It is also alleged that the younger daughter-in-law of the informant was assaulted and her clothes were torn out.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. The petitioner No. 1 is a lady. She is alleged to have assaulted Rajmuni Devi. No grievous injury was found on the parts of the injured by the doctor. The injury was found to be superficial in nature. So far petitioner Nos. 2 & 3 are concerned, there is general and omnibus allegation against the petitioners. No specific overt act is alleged against them. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of arrest or

Patna High Court CR. MISC. No.26584 of 2020(4) dt.25-01-2021 3/3 surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri C. K. Verma, learned Judicial Magistrate-Ist Class, Dehri-on-Sone, DistrictRohtas in connection with Darihat P.S. Case No. 81 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T