Rupa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51154 of 2023 Arising Out of PS. Case No.-160 Year-2023 Thana- UJIYARPUR District- Samastipur ====================================================== 1.

Rupa Devi Wife Of Bhushan Giri Resident Of Village- Pachpaika, PsUjiyarpur, Distt- Samastipur 2.

Babita Devi Wife Of Bishundev Giri @ Bishandev Giri Resident Of VillagePachpaika, Ps- Ujiyarpur, Distt- Samastipur 3.

Kanti Devi Wife Of Late Mahendra Giri Resident Of Village- Pachpaika, PsUjiyarpur, Distt- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 379, 504, 354 and 307 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, petitioners collectively assaulted the informant and his family members and brother of the informant sustained head injury.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus

Patna High Court CR. MISC. No.51154 of 2023(2) dt.29-08-2023 2/2 allegation against the petitioners. He submits that there is no specific overt act against the petitioners. He further submits that there is case and counter case between the parties and there is admitted land dispute between the parties. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the aforesaid facts and circumstances and the fact there is no specific overt act against the petitioners, let the petitioners, named above, in the event of their arrest/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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Ujiyarpur P.S. Case No.160/2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T