Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26872 of 2023 Arising Out of PS. Case No.-772 Year-2022 Thana- GAURICHAK District- Patna ====================================================== 1.

SUNITA DEVI W/O BINOD SINGH R/O Village- Gabaspur, P.SGaurichak, Distt.- Patna. 2.

Binod Singh S/O Indra Singh R/O Village- Gabaspur, P.S- Gaurichak, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhukar Anand For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-07-2023 Heard the learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest for the offences alleged under Sections 307, 506 and 120(b) of the Indian Penal Code including Section 27 of the Arms Act, registered in connection with Gaurichak P.S.Case No. 772 of 2022.

As per allegation, at the order of petitioner no.2, his son, co-accused Nitish Singh fired shot at the informant and made him injured.

The learned counsel for the petitioners has submitted that both the parties are agnates. There is land dispute between them. The entire family members have been made accused in this case. The petitioners are the persons of clean antecedents.

Patna High Court CR. MISC. No.26872 of 2023(2) dt.12-07-2023 2/2 On the other hand, the learned counsel for the informant has opposed the prayer for bail and submitted that it was petitioner no.2, on whose order, co-accused Nitish Singh fired shot at the chest of the informant.

Petitioner no.1 is a lady and the allegation against her is general and omnibus. Petitioner no.2 is not the assailant, rather there is allegation that on his order, his son Nitish Singh opened fire at the informant. Both the petitioners are the persons of clean antecedents.

Considering the above facts and circumstances as well as the clean antecedents, let the petitioners above-named, in the event of their arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate,-III, Patna City in connection with Gaurichak P.S.Case No. 772 of 2022, subject to the conditions as laid down under Section 438(2) Cr. P.C. (Nawneet Kumar Pandey, J) HR/- U T