Neelam Devi @ Nilam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5425 of 2021 Arising Out of PS. Case No.-529 Year-2020 Thana- FATUA District- Patna ====================================================== 1.

Neelam Devi @ Nilam Devi W/o Vidyanand Singh Resident of Village - Soti Chak, P.S.- Fatuha, Distt.- Patna.

2.

Vibha Devi W/o Mitthu Kumar @ Sanjiv Kumar Resident of Village - Soti Chak, P.S.- Fatuha, Distt.- Patna.

3.

Rita Devi @ Rita W/o Pintu Kumar Resident of Village - Soti Chak, P.S.- Fatuha, Distt.- Patna.

4.

Pintu Kumar Son of Vidyanand Singh Resident of Village - Soti Chak, P.S.- Fatuha, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioners :

Mr.Deepak Kumar Singh, Advocate For the State :

Mr. Jharkhandi Upadhyay, APP For the Informant :

Mr. Sunil Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Fatuha P.S. Case No.529 of 2020 registered for offences under Sections 147, 148, 149, 341, 323, 338, 385, 302 and 34 of the Indian Penal Code.

At the very outset, learned counsel for the petitioners prays for withdrawal of the application on behalf of the petitioner no.1, namely, Neelam Devi @ Nilam Devi.

Patna High Court CR. MISC. No.5425 of 2021(3) dt.23-12-2021 2/2 Prayer is allowed. The application for anticipatory bail is dismissed as withdrawn so far as petitioner no.1, namely, Neelam Devi @ Nilam Devi is concerned.

So far as petitioner nos. 2, 3 and 4, namely, Vibha Devi, Rita Devi @ Rita and Pintu Kumar are concerned, from the FIR it seems that a land dispute is given a colour of criminal case and even females are being made accused in such case. This casts serious doubt over the prosecution case. Considering the above, the application for anticipatory bail is allowed.

Accordingly, let petitioner nos. 2, 3 and 4, namely, Vibha Devi, Rita Devi @ Rita and Pintu Kumar, in the event of their arrest or surrender within four weeks from today, be released on 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 learned Additional Chief Judicial Magistrate-1st Class, Patna City in connection with Fatuha P.S. Case No.529 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sandeep Kumar, J) BT/- U T