Shobha Kumari @ Shobha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53460 of 2021 Arising Out of PS. Case No.-381 Year-2021 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== 1.

SHOBHA KUMARI @ SHOBHA DEVI WIFE OF NARAYAN RAM R/O - G.N.MUKHARJEE ROAD BHIKHANPUR, P.S.- ISHAKCHAK, DISTRICT- BHAGALPUR 2.

RITA KUMARI @ RITA DEVI WIFE OF GANESH RAM @ GHUTRA R/O VILLAGE- AIALI MURTAJA ROAD KAJWALICHAK, P.S.- TATARPUR, DISTRICT- BHAGALPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar For the Opposite Party/s :

Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-06-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Kotwali (Barari) P.S. Case no. 381 of 2021 instituted for the offence punishable under Sections 341, 323, 307, 120(B), 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, petitioners along with her cousin sister Pinki Kumari had executed as agreement in favour of land Mafia Abhishesh Soni and with a view to grab

Patna High Court CR. MISC. No.53460 of 2021(2) dt.27-06-2022 2/3 the said land, several accused persons including the petitioners after entering into his house started to hurling abuse . On protest made by the informant co-accused persons, namely, Mithun Ram, Golu Sah, Anil Yadav, Kapil Yadav opened indiscriminate firing resulting into injuries of three nephews of the informant. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. There is no specific overt act of assault against the petitioners. They have no concern with the disputed land which belongs to co-accused Pinki Kumari, who is cousin sister of the petitioners. Petitioners are ladies and are not involved in the alleged incident.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Kotwali (Barari) P.S. Case no. 381 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of

Patna High Court CR. MISC. No.53460 of 2021(2) dt.27-06-2022 3/3 the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U T