Sarita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53557 of 2022 Arising Out of PS. Case No.-117 Year-2022 Thana- KUTUMBA District- Aurangabad ====================================================== 1.

Sarita Devi Wife of Gupta Prajapati R/o Village- Mujahida, P.S.- Kutumba, District- Aurangabad.

2.

Vinay Prajapati Son of Lakhan Prajapati R/o Village- Narhar, Amba Babhandhi, P.S.- Amba, District- Aurangabad.

3.

Arjun Prajapati @ Arjun Kumar Son of Lakhan Prajapati R/o VillageNarhar, Amba Babhandhi, P.S.- Amba, District- Aurangabad. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rupa Kumari For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2022 Heard both sides.

The petitioners apprehend their arrest in connection with Kutumba P.S. Case No.117 of 2022, registered for the offences punishable under Sections 147, 148, 341, 323, 324, 448, 307, 506 and 379 of the Indian Penal Code. The petitioners and other co-accused persons are said to have assaulted the informant by means of lathi, danda, rod, garasa and tangi. Petitioner No.1, Sarita Devi assaulted the informant by means of garasa causing injuries on both hands of the informant. Petitioners, namely, Vinay Prajapati and Arjun Prajapati have assaulted the informant on his head by means of iron rod due to which the informant sustained head injuries.

Patna High Court CR. MISC. No.53557 of 2022(2) dt.15-12-2022 2/3 Petitioner, Sarita Devi is said to have entered into the house of the informant and took out Rs.4000/- from a box kept in the house of the informant.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. The petitioner no.1 has got no criminal antecedent whereas petitioners no.2 and 3 have got one criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that there is case and counter case between the parties and both sides sustained injuries. It is also submitted that the injuries are simple in nature. It is further submitted that there is land dispute between the parties and both sides are agnates. Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Considering the fact that the injuries are simple in nature, let 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 enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VII, Aurangabad, Bihar in connection with Kutumba P.S. Case No.117 of 2022, subject to the conditions

Patna High Court CR. MISC. No.53557 of 2022(2) dt.15-12-2022 3/3 laid down under Section 438(2) of the Code of Criminal Procedure.

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