Shashia Devi @ Sosiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26605 of 2022 Arising Out of PS. Case No.-30 Year-2020 Thana- KRITYANAND NAGAR District- Purnia ====================================================== 1.

SHASHIA DEVI @ SOSIYA DEVI W/o Chhedi Sharma Resident of Village - Adampur Ward No.6, P.s.- K.Nagar, Distt.- Purnea. 2.

PUNAM DEVI W/o Kundan Sharma Resident of Village - Adampur Ward No.6, P.s.- K.Nagar, Distt.- Purnea.

3.

CHHEDI SHARMA Son of Late Kartik Sharma Resident of Village - Adampur Ward No.6, P.s.- K.Nagar, Distt.- Purnea. 4.

KUNDAN SHARMA Son of Chhedi Sharma Resident of Village - Adampur Ward No.6, P.s.- K.Nagar, Distt.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 354(B), 307, 504 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 2 are women, petitioner no.3 is aged about 73 years and the informant alleges that Chhedi Sharma got her daughter married about six years ago, further on account of his conduct, the

Patna High Court CR. MISC. No.26605 of 2022(2) dt.02-11-2022 2/3 family members of her daughter's matrimonial home used to assault her daughter, if is further alleged that when Chhedi was confronted, the accused persons, including the petitioners, on 25.01.2020 came and assaulted her in absence of her husband. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, it is next submitted that the order impugned wrongly records that two of the accused persons raped her when admittedly from perusal of the FIR it manifests that there is no such allegation. Learned counsel submits that there is no eyewitness to the occurrence and from the allegations itself it appears that there was some dispute between the parties.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

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/- (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 K. Nagar

Patna High Court CR. MISC. No.26605 of 2022(2) dt.02-11-2022 3/3 P.S. Case No. 30 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T