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Patna High CourtCR. MISC./39532/2023allowed

Bhulani Devi v. The State Of Bihar

2023-07-28Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39532 of 2023 Arising Out of PS. Case No.-218 Year-2022 Thana- ADAPUR District- East Champaran ====================================================== 1.

Bhulani Devi, Female, aged about 61 years, Wife of Pitambar Yadav. 2.

Shila Devi, Female, aged about 41 years, Wife of Nathuni Yadav. Both are resident of Village- Chainpur, P.S. Aadapur, District-East Champaran, Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 28-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend arrest in connection with Aadapur P.S. Case No. 218 of 2022 dated 16.07.2022 instituted under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code.

3. As per the prosecution case, the specific allegation against the petitioners are that they have assaulted the informant and also snatched silver payal from her foot.

4. Learned counsel for the petitioners submits that petitioners are innocent have falsely been implicated in this case due to land dispute between the parties. Both the parties are

Patna High Court CR. MISC. No.39532 of 2023(2) dt.28-07-2023 2/2 pattidars. There is case and counter case between the parties and the injuries are simple in nature. The petitioners have no criminal antecedent.

5. Learned APP opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Raxaul at Motihari, East Champaran in connection with Aadapur P.S. Case No. 218 of 2022, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Anand Kr.

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