Guriya Devi @ Guriya Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37539 of 2023 Arising Out of PS. Case No.-13 Year-2023 Thana- SAHAJITPUR District- Saran ====================================================== 1.

GURIYA DEVI @ GURIYA KUMARI Wife of Akshay Kumar, D/o Ram Sagan Bhagat Resident of village - Pindro Mali Tola, P.S. - Sahajitpur, Distt. - Saran at Chapra 2.

Kundan Kumar Son of Ram Sagan Bhagat Resident of village - Babhanganwa, P.S. - Dighwara, Distt. - Saran at Chapra ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akhileshwar Pandey For the Opposite Party/s :

Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2023 Heard the parties.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 307, 379, 354(B) and other allied Sections of the Indian Penal Code. 3.

As per the FIR, the petitioners, who are siblings are said to have abused and assaulted the informant by means of iron rod. It is also alleged that the petitioners snatched golden earrings and a purse from the informant.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.37539 of 2023(2) dt.31-07-2023 2/2 allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners and both the sides are agnates. There is a case and counter-case between the parties and a land dispute as well. It is further submitted that the injuries are of simple nature, which is evident from Annexure-3 of the bail application. Petitioners have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case as well as considering the nature of injury, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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 Sahajitpur P.S. Case No.13 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T