Sushila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42676 of 2024 Arising Out of PS. Case No.-103 Year-2024 Thana- KOCHAS District- Rohtas ====================================================== 1.

Sushila Devi Wife of Jitendra Ram, R/o Vill.- Pakri, P.S.- Kochas, Dist.- Rohtas.

2.

Jitendra Ram Son of Bagedan Ram, R/o Vill.- Pakri, P.S.- Kochas, Dist.- Rohtas.

3.

Sumitra Devi Wife of Bagedan Ram, R/o Vill.- Pakri, P.S.- Kochas, Dist.- Rohtas.

4.

Bagedan Ram Son of Late Bihari Ram, R/o Vill.- Pakri, P.S.- Kochas, Dist.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishwajeet Kumar Mishra, Advocate.

For the Opposite Party/s :

Ms. Dr. Indiwar Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Kochas P.S. Case No.103 of 2024 instituted under Sections 341, 323, 504, 307, 379, 354A and 34 of the Indian Penal Code.

3. As per the prosecution case, due to some land dispute all the petitioners armed with lathi, danda and rod started assaulting the informant and snatched her Mangalsutra and earring thereafter torn her Saree.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He further submits that petitioners' family and informant's family are agnates and both the parties are having land dispute and on the alleged date of occurrence due to the said dispute there was

Patna High Court CR. MISC. No.42676 of 2024(2) dt.10-07-2024 2/2 a free fight between both the parties as a result of which both the parties have received injuries, due to which there is case and counter case between the parties. Learned counsel submits that the injury on the informant is simple in nature, caused by hard and blunt substance which does not corroborate the allegation made in the F.I.R. He further submits that petitioners have no criminal antecedent and they undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State 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/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned court concerned in connection with Kochas P.S. Case No.103 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ritik/- U T