Munni Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60189 of 2021 Arising Out of PS. Case No.-27 Year-2021 Thana- BAIRIYA District- West Champaran ====================================================== 1.
MUNNI DEVI Wife of Baldev Patel Raut Resident of Village - Mathiya, Bhitaha, P.S. - Bairiya, Dist. - West Champaran. 2.
Puja Devi @ Puja Kumari Wife of Anjani Patel Resident of Village - Mathiya, Bhitaha, P.S. - Bairiya, Dist. - West Champaran. 3.
Baldev Raut Patel Son of Haridwar Raut Resident of Village - Mathiya, Bhitaha, P.S. - Bairiya, Dist. - West Champaran. 4.
Sonu Kumar Son of Baldev Patel Resident of Village - Mathiya, Bhitaha, P.S. - Bairiya, Dist. - West Champaran.
5.
Pintu Patel Son of Baldev Patel Raut Resident of Village - Mathiya, Bhitaha, P.S. - Bairiya, Dist. - West Champaran.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Gupta, Advocate For the Opposite Party/s :
Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-07-2022 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 341, 323, 354, 379, 504 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioner are persons with clean antecedent, petitioner nos. 1 and 2 are women and the informant alleges that on 16.02.2019 at mid night when she came out for attending the call of nature,
Patna High Court CR. MISC. No.60189 of 2021(2) dt.12-07-2022 2/3 Sonu Kumar came to her house by scaling the roof of Puja Devi and caught her from behind and molested and outraged her modesty on which she raised alarm and when her family members came, the said Sonu Kumar fled from the place of occurrence. It is next alleged that on the very next day Puja Devi, Amrendra Patel, Vasudeo Patel, Munni Devi, Pintu Patel all came at the door of the informant and started abusing her, further they dashed the informant on ground by catching her hair, thereafter Puja Devi and Munni Devi snatched chain from the neck of the informant and threatened to kill them if the case is lodged.
Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that the petitioners and informant are agnates and they have dispute relating to passage, it is next submitted that it absolutely does not stand to reason that Sonu Kumar would have come to the house of the informant with an intention to molest her when they are related. It is also submitted that from perusal of the allegation it would manifest that the allegations are general and omnibus in nature and as far as allegation of snatching chain is alleged, the same is only ornamental in nature. It is further submitted that no injury has
Patna High Court CR. MISC. No.60189 of 2021(2) dt.12-07-2022 3/3 been caused to the informant.
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. 5,000/- (Rupees Five 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. 27 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Shivam/- U T