Patna High CourtCR. MISC./58006/2022partly allowed disposal

Pawan Devi v. The State Of Bihar

2022-12-21Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58006 of 2022 Arising Out of PS. Case No.-127 Year-2021 Thana- NAUHATTA District- Saharsa ====================================================== 1.

Pawan Devi W/O- Kamal Yadav R/O- Village- Bakuniya, W.No- 7, P.SNauhatta (O.P. Darhar), District- Saharsa 2.

Kamal Yadav @ Ramesh Yadav S/O- Late Ram Kishun Yadav R/O- VillageBakuniya, W.No- 7, P.S- Nauhatta (O.P. Darhar), District- Saharsa 3.

Shushi Yadav @ Shushil Kumar @ Susil Yadav S/O- Kamal Yadav R/OVillage- Bakuniya, W.No- 7, P.S- Nauhatta (O.P. Darhar), District- Saharsa ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha, Adv.

For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-12-2022 Heard the parties.

Learned counsel for the petitioners is directed to remove the defects within four weeks.

At the very outset, learned counsel for the petitioners submits that he does not want to press this application against petitioner nos. 2 & 3.

Permission is granted.

Accordingly, this application is dismissed as not pressed against petitioner nos. 2 & 3.

Now, this application survives only for petitioner no. 1. Petitioner apprehends her arrest in a case registered for

Patna High Court CR. MISC. No.58006 of 2022(2) dt.21-12-2022 2/3 offence punishable u/s 341, 323, 307, 379, 504, 506/34 of the IPC.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case and the allegations as mentioned in the FIR are false and concocted. No such occurrence, in the manner as alleged, has ever taken place. There is general and omnibus allegation against the petitioner. There is case and counter case between the parties. Petitioner and informant are close agnates and there is ancestral land dispute between both the parties for the partition of ancestral land due to which the altercation took place in between both of them. Petitioner no.1 was given the benefit of Section 41A Cr.P.C. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.58006 of 2022(2) dt.21-12-2022 3/3 Court in connection with Nauhatta P.S. Case No.127 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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