Nitu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43745 of 2023 Arising Out of PS. Case No.-470 Year-2022 Thana- ATRI District- Gaya ====================================================== 1.

Nitu Kumari, aged about 27 years, female, Daughter of Ramchandra Yadav Resident of Village - Bhaiya Bigha, P.S.- Atri, District - Gaya. 2.

Manju Devi @ Manju Kumari, aged about 47 years, female, Daughter of Ramdahin Yadav Resident of Village - Bhaiya Bigha, P.S.- Atri, District - Gaya.

3.

Rita Devi, aged about 31 years, female, Wife of Ganesh Prasad Resident of Village - Bhaiya Bigha, P.S.- Atri, District - Gaya. 4.

Shakuntla Devi, aged about 62 years, female, Wife of Ramchandra Yadav Resident of Village - Bhaiya Bigha, P.S.- Atri, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar, Advocate For the Opposite Party/s :

Mr. Rita Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 04-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Atri P.S. Case No. 470 of 2022 dated 10.11.2022, instituted for the offence punishable under Sections 147, 148, 149, 341, 323, 325, 307, 379 of the Indian Penal Code.

3. The prosecution case, in brief, is that on 10.11.2022 at about 2:30 pm, petitioner nos. 1 to 3 along with other accused persons came at the door of the informant and started digging paver block. It is further alleged that when the informant

Patna High Court CR. MISC. No.43745 of 2023(2) dt.04-08-2023 2/3 objected, they started assaulting the informant, his brother and wife which caused grievous injuries to them. It is alleged that petitioner no.1 has snatched golden ornaments and other accused persons have snatched cash from informant's family.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that there is general and omnibus allegation of assault against the petitioners. Specific allegation of assault is against Ganesh Kumar, Dinesh Yadav and Mahesh Yadav. Learned counsel submitted that the petitioners are ladies and allegation of snatching of gold ornaments is ornamental. It is further submitted that this case is counter blast of Atri P.S. Case No. 474 of 2022, which has been filed against the informant's side. Lastly, it has been submitted that they have clean antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six week from today, in connection with Atri P.S. Case No. 470 of 2022, he/they shall be released on anticipatory bail upon

Patna High Court CR. MISC. No.43745 of 2023(2) dt.04-08-2023 3/3 furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gaya, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) annpurna/- U T