Shila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45166 of 2023 Arising Out of PS. Case No.-308 Year-2021 Thana- PIRPAINTI District- Bhagalpur ====================================================== 1.

SHILA DEVI WIFE OF ARVIND YADAV RESIDENT OF VILLAGE PARASBANNA, PS PIRPAINTY, DISTRICT- BHAGALPUR 2.

SARITA DEVI WIFE OF SUMAN YADAV RESIDENT OF VILLAGE PARASBANNA, PS PIRPAINTY, DISTRICT- BHAGALPUR 3.

SUMAN YADAV SON OF ARVIND YADAV RESIDENT OF VILLAGE PARASBANNA, PS PIRPAINTY, DISTRICT- BHAGALPUR 4.

MANOJ YADAV SON OF NARESH YADAV RESIDENT OF VILLAGE PARASBANNA, PS PIRPAINTY, DISTRICT- BHAGALPUR 5.

ARVIND YADAV SON OF KARTIK YADAV RESIDENT OF VILLAGE PARASBANNA, PS PIRPAINTY, DISTRICT- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s:

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-07-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 354, 504, 506, 34 of the Indian Penal Code.

3. Allegedly, all the accused persons including the petitioners, armed with deadly weapons, entered the house of the informant and started abusing. On objection, they assaulted her with fists, slaps and bricks and when her father came there to

Patna High Court CR. MISC. No.45166 of 2023(3) dt.05-07-2024 2/3 save her, the accused persons assaulted him with iron rod on his head.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. They have been falsely implicated in this case due to ulterior motive. Both the parties are agnates. The allegation levelled against the petitioners is totally false and based on concocted facts. There is admitted land dispute between the parties. Both sides have filed cases against each other. He further submits that the specific allegation is against the co-accused Dilkhush Yadav and he has already been granted anticipatory bail by this Court vide order dated 07.12.2023 passed in Cr. Misc. No.77536 of 2023. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case, as there is case and counter case between the parties, 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

Patna High Court CR. MISC. No.45166 of 2023(3) dt.05-07-2024 3/3 sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Pirpainti P.S. Case No. 308 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T