Guriya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31463 of 2023 Arising Out of PS. Case No.-134 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.
GURIYA DEVI Wife of Late Amarnath Resident of Bari Patan Devi Colony, P.S. - Alamganj, Distt. - Patna 2.
Roshan Raj Rohit @ Sonu Kumar Son of Late Amarnath Resident of Bari Patan Devi Colony, P.S. - Alamganj, Distt. - Patna 3.
Chandan Kumar Son of Khasinath Resident of Bari Patan Devi Colony, P.S. - Alamganj, Distt. - Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Savita Devi Wife of Murari Prasad Resident of Mohalla - Bari Patan Devi Colony, P.S. - Alamganj, Distt. - Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinay Kumar For the Opposite Party/s :
Mr. Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-07-2023
1. Heard learned counsel for the petitioners and learned A.P.P. for the State along with the learned counsel for the complainant.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 380, 447, 34 of the Indian Penal Code.
3. The complainant alleges that the petitioners are related and demanded Rs. 25 lacs by way of extortion on 01.07.2021, thereafter, on 21.11.2021, they entered the house and abused and assaulted him and thereafter, again came on
Patna High Court CR. MISC. No.31463 of 2023(2) dt.31-07-2023 2/3 20.01.2022 and snatched her chain and bangle and abused her.
4. Learned counsel for the petitioners submits that petitioner No. 1 is a person with clean antecedent and is a women and petitioner No. 2 and 3 have antecedent of one case.
5. Learned counsel for the petitioners submits that from bare perusal of the allegations as alleged in the complaint, it would manifest that no specific allegation of committing any overt act is alleged against the petitioners, it is further submitted that the complainant and the petitioners are related as has been disclosed in the complaint itself, as such, allegation of demanding extortion appears to be ornamental, it is further submitted that title partition suit No. 26 of 2022 has been instituted and is pending between the parties (Annexure-4).
6. Learned A.P.P. for the State along with the learned counsel for the complainant opposes the prayer for anticipatory bail of the petitioners.
7. 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 trial court 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
Patna High Court CR. MISC. No.31463 of 2023(2) dt.31-07-2023 3/3 amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 134 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) HarshPandey/- U T