Gyani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1329 of 2021 Arising Out of PS. Case No.-241 Year-2020 Thana- KATEYA District- Gopalganj ====================================================== 1.

GYANI DEVI WIFE OF NAND KISHORE RAM RESIDENT OF VILLAGE- BABHANI P.S.- KATEYA, DISTRICT- GOPALGANJ 2.

NAND KISHORE RAM SON OG LATE RAMRAJ RAM RESIDENT OF VILLAGE- BABHANI P.S.- KATEYA, DISTRICT- GOPALGANJ ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Indrajeet Bhushan For the Opposite Party/s :

Mr. Md. Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-07-2021 Heard Mr. Indrajeet Bhushan, learned counsel for the petitioners and Mr. Md. Sufyan, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Kateya P.S. Case No. 241 of 2020 instituted for the offence under Sections 341, 323, 324, 326, 307, 379 and 34 of the Indian Penal Code. Because of earlier land dispute, the petitioners are said to have assaulted the members of the prosecution party. So far as petitioner no. 1 is concerned, there is no specific accusation against her.

Patna High Court CR. MISC. No.1329 of 2021(2) dt.13-07-2021 2/3 However, petitioner no., 2 is said to have assaulted one Sunil, who has received grievous injury. There is a counter version of the occurrence also.

Considering the afore-noted facts, this court is inclined to grant anticipatory bail to petitioner no. 1/Gyani Devi.

The petitioner no. 1 is directed to be released on bail, in the event of her arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj, in connection with Kateya P.S. Case No. 241 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

The application of petitioner no. 2 is hereby rejected with observation that in case he surrenders before the Court below and seeks bail, the court below shall consider his petition taking into account the fact that there

Patna High Court CR. MISC. No.1329 of 2021(2) dt.13-07-2021 3/3 is land dispute between the parties and shall pass the order in accordance with law without being prejudiced by the fact that the present petition on his behalf has not been entertained.

(Ashutosh Kumar, J) sunilkumar/- U T