Meena Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34955 of 2024 Arising Out of PS. Case No.-153 Year-2022 Thana- PURNAHYA District- Sheohar ====================================================== 1.
Meena Devi wife of Vishwanath Thakur Village- Kataiya Ps- Purnahya DistSheohar 2.
Rita Devi wife of Sanjay Thakur Village- Kataiya Ps- Purnahya DistSheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vatsal Verma, Advocate For the Opposite Party/s :
Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 30-05-2024 Heard Mr. Vatsal Verma, learned counsel for the petitioners and learned APP for the State.
2. The petitioners are ladies who are apprehending their arrest in connection with Purnahya P.S. Case No. 153 of 2022 registered for the offences under Sections 341, 342, 323, 324, 447, 448 read with Section 34 of the Indian Penal Code.
3. The allegation against the petitioners are of causing assault to the wife of the informant with the help of other accused persons. Further allegation of snatching the valuable and outraging the modesty of the wife of the informant has also been levelled against other accused persons.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.34955 of 2024(2) dt.30-05-2024 2/3 from the narrations made in the F.I.R. it would be evident that the alleged occurrence has taken place on account of a dispute with respect to construction of a house, resulting into case and counter case. There is a counter version of the present case being Purnahya P.S. Case No. 154 of 2022 instituted by petitioner no.2. It is further contended that the dispute with regard to the land has already been settled in favour of the petitioners at the level of the Sarpanch but on being annoyed by such decision, the present F.I.R. has been instituted only with a view to wreak vengeance and put pressure upon the petitioners. Moreover, in the alleged occurrence, none of the persons have sustained any serious injuries which is attributed against the petitioners. The petitioners bear fair antecedent and they undertake that they will fully cooperate in the proceeding of the Court.
5. On the other hand, learned counsel for the State opposes the anticipatory bail application and submits that both the petitioners have actively participated in the crime.
6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of allegation and the fact that the petitioners are ladies having fair antecedent coupled with factum of case and counter case, let the
Patna High Court CR. MISC. No.34955 of 2024(2) dt.30-05-2024 3/3 petitioners be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sheohar in connection with Purnahya P.S. Case No. 153 of 2022 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with further condition that one of the bailors shall be the own/close family members of the petitioners. (Harish Kumar, J) Guddu/- U T