Patna High CourtCR. MISC./44536/2024bail granted

Tara Devi v. The State Of Bihar

2024-07-24Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44536 of 2024 Arising Out of PS. Case No.-1206 Year-2023 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== 1.

Tara Devi W/O Sonu Pandey @ Sunil Pandey @ Sunil Kumar Pandey R/O VILLAGE- PIPARPATI, P.S.- KRISHNAGARH, DISTRICT- BHOJPUR 2.

Sonu Pandey @ Sunil Pandey @ Sunil Kumar Pandey S/o Brahmeshwar Pandey @ Brahmeshwar Nath Pandey R/O VILLAGE- PIPARPATI, P.S.- KRISHNAGARH, DISTRICT- BHOJPUR ... ... Petitioner/s

Versus

The State of Bihar 2.

Anurag Srivastava S/O Late Brij Bihari Srivastava R/O VILLAGEPIPARPATI, P.S.- KRISHNAGARH, DISTRICT- BHOJPUR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar, Advocate.

For the Opposite Party/s :

Mrs.Rina Sinha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-07-2024 Heard Mr. Bhaskar Shankar, learned counsel appearing on behalf of the petitioners and Mrs. Rina Sinha, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Complaint Case No. 1206(C) of 2023 registered for the offence punishable under Sections 341, 323 and 436 of the Indian Penal Code.

3. As per the allegation made in the F.I.R. the petitioner nos. 1 & 2 who are wife and husband respectively are said to have torched the house of the complainant and also

Patna High Court CR. MISC. No.44536 of 2024(2) dt.24-07-2024 2/3 assaulted the informant and his younger sister.

4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent and they have falsely been implicated in the case due to dispute between the parties with regard to appointment of petitioner no.1 as Anganbari Sevika. Learned counsel submitted that the wife of the complainant was also the candidate for appointment of Anganbari Sevika. He further submitted that from the complaint itself, it would appear that the date of incidence is 06.11.2022 while the complaint has been lodged on 17.07.2023 after much delay.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

6. Considering the nature of allegation made in the F.I.R., as well as, the fact that the dispute is with regard to appointment of petitioner no.1 as Anganbari Sevika, the petitioners are directed to file their respective affidavit in respect of appointment of petitioner no.1 as Anganbari Sevika before the District Court and if it is found that the the petitioner no.1 is working on the post of Anganbari Sevika, then the petitioners, above named, be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of

Patna High Court CR. MISC. No.44536 of 2024(2) dt.24-07-2024 3/3 four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur in connection with Complaint Case No. 1206(C) of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T