Sarita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42931 of 2024 Arising Out of PS. Case No.-523 Year-2023 Thana- DARIYAPUR District- Saran ====================================================== Sarita Devi Wife of Sunil Singh R/O Vill.- Ranipur, P.S.- Dariyapur, Dist.- Saran At Chapra ... ... Petitioner/s
Versus
The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tejpratap Singh, Advocate For the Opposite Party/s :
Dr. Ajeet Kumar, APP For the Informant :
Ms. Kanchan Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-07-2024
1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Dariyapur P.S. Case no. 523 of 2023 registered under sections 307, 341, 323, 379, 354B, 504, 506 and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant states that Sunil Singh came and started to abuse the informant's son. On the informant's son protesting, it is stated that the six named accused persons including the petitioner herein came and assaulted the son of the informant as a result of which he sustained injuries on his head. Thereafter, the informant gives
Patna High Court CR. MISC. No.42931 of 2024(2) dt.20-07-2024 2/3 the detailed description of assault by different accused persons and states that Mala Devi and the petitioner herein snatched the locket from his wife's neck.
4. Learned counsel for the petitioner submits that the petitioner who is a lady has been falsely implicated in the case. The allegations of assault are general and omnibus in nature. The dispute between the parties was over a trivial matter. The petitioner has no criminal antecedent and undertakes to cooperate in the case.
5. The application is opposed by learned APP for the State and learned counsel for the informant. Learned counsel for the informant submits that not only the petitioner is named in the F.I.R but there is direct allegation against her that she along with others assaulted the son of the informant causing injuries on his head and also snatched the locket from the neck of the informant's wife.
6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R. wherein there is general and omnibus allegation of assault on the informant's son, the petitioner along with one another having been alleged to have snatched the chain of the informant's wife and the petitioner being a lady having no
Patna High Court CR. MISC. No.42931 of 2024(2) dt.20-07-2024 3/3 criminal antecedent, it is directed that the petitioner, above named, in the event of her arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Dariyapur P.S. Case no. 523 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate- 1st Class, Saran at Chapra.
(Partha Sarthy, J) Harsh/- U T