Seema Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44599 of 2022 Arising Out of PS. Case No.-112 Year-2022 Thana- BAIRIYA District- West Champaran ====================================================== 1.

SEEMA DEVI W/o Jitan Chaudhary Resident of Village - Bagahi, Nimiya Tola, P.s.- Bairiya, Distt.- West Champaran.

2.

Jitan Chaudhary Son of Tilak Chaudhary Resident of Village - Bagahi, Nimiya Tola, P.s.- Bairiya, Distt.- West Champaran. 3.

Master Chaudhary Son of Narayan Chaudhary Resident of Village - Bagahi, Nimiya Tola, P.s.- Bairiya, Distt.- West Champaran. 4.

Nagendra Chaudhary Son of Tilak Chaudhary Resident of Village - Bagahi, Nimiya Tola, P.s.- Bairiya, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 324, 307, 335, 354, 354(B)(C), 379, 452 and 504 of the Indian Penal Code.

Learned counsel for the petitioners submits that petitioners are persons with clean antecedent, petitioner no.1 is a woman and the informant alleges that accused persons, including the petitioners, came and took her outside the village, further Subhati Devi assaulted by an iron rod causing injury on head and accused persons strangulated her and even cut her hair.

Patna High Court CR. MISC. No.44599 of 2022(2) dt.15-12-2022 2/2 Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that allegation of assault is general and omnibus in nature, though it is specifically alleged that Subhati Devi assaulted the petitioner with an iron rod but she is not a petitioner in the present application, it is next submitted that allegation of strangulation and cutting of hair is ornamental in nature and even the injuries suffered are simple in nature.

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

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/- (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 Bairiya P.S. Case No. 112 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T