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Patna High CourtCR. MISC./41848/2023bail granted

Janki Devi v. The State Of Bihar

2023-07-24Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41848 of 2023 Arising Out of PS. Case No.-69 Year-2023 Thana- BHAGWANPUR District- Begusarai ====================================================== 1.

JANKI DEVI WIFE OF GYANI SHARMA RESIDENT OF VILLAGEMAHESHPUR, PS- BHAGWANPUR (TEYAY OP), DISTRICTBEGUSARAI 2.

RUBI DEVI WIFE OF PANKAJ SHARMA RESIDENT OF VILLAGEMAHESHPUR, PS- BHAGWANPUR (TEYAY OP), DISTRICTBEGUSARAI 3.

SANJU DEVI DAUGHTER OF GYANI SHARMA RESIDENT OF VILLAGE- MAHESHPUR, PS- BHAGWANPUR (TEYAY OP), DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Maharaj, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-07-2023

1. 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(B), 325, 379, 504 and 506/34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and are women.

4. The informant alleges that on account of dispute relating to cutting of maize the accused persons came and assaulted him and his family members including his wife and

Patna High Court CR. MISC. No.41848 of 2023(2) dt.24-07-2023 2/3 daughter.

5. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the occurrence took place on account of dispute relating to land where it is alleged that all the accused persons came, assaulted him and his family members. It is next submitted that on account of dispute both sides assaulted each other and from the side of the informant Kajal Kumari received grievous injury and rest of the injured suffered simple injury. It is also submitted that though Kajal Kumari suffered grievous injury but then the allegation of assaulting Kajal Kumari is against Pankaj Sharma and petitioners being the family members of Pankaj Sharma have also been roped in the present case with general and omnibus allegation.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/-

Patna High Court CR. MISC. No.41848 of 2023(2) dt.24-07-2023 3/3 (Rupees Ten 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 Bhagawanpur (Teyay) P.S. Case No. 69 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T