Bedami Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40287 of 2024 Arising Out of PS. Case No.-445 Year-2022 Thana- GOVINDGANJ District- East Champaran ====================================================== 1.

Bedami Devi Wife of Yogendra Yadav @ Jogendra Yadav R/O Vill.- Chatiya Diar, P.S.- Malahi, Dist.- East Chamaran At Motihari 2.

Sonelal Yadav @ Sonelal Kumar Son of Yogendra Yadav @ Jogendra Yadav R/O Vill.- Chatiya Diar, P.S.- Malahi, Dist.- East Chamaran At Motihari ... ... Petitioner/s

Versus

The State Of Bihar PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 324, 307, 379, 504 and 34 of the IPC.

3.

Allegation upon the petitioners is that they assaulted father of the informant on his arms and legs. 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 due to ulterior motive. No such occurrence, in the manner as alleged has ever taken place. There is an admitted land dispute between the parties. The injury has been found simple in nature. Petitioners

Patna High Court CR. MISC. No.40287 of 2024(2) dt.31-07-2024 2/2 have no criminal antecedent and two similarly situated coaccused have been granted anticipatory bail by this Court vide order dated 11.05.2023 passed in Cr. Misc. No.11961 of 2023. 5.

Learned APP for the State opposed the prayer for bail by submitting that while rejecting the bail of the petitioners, the Court below has mentioned that the injury of the injured was found on the vital part of the body i.e. hand. 6.

Having regard to the facts and circumstances of the case, since the injury was found simple in nature, as mentioned in para-8 of the bail petition, 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 Govindganj (Malahi O.P) P.S. Case No.445 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T