Rina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57097 of 2024 Arising Out of PS. Case No.-265 Year-2023 Thana- ALAMNAGAR District- Madhepura ====================================================== 1.

Rina Devi W/O Patnarayan Paswan R/O Village- Bajraha, Ward No. 05, P.S.- Alamnagar, District- Madhepura(Bihar).

2.

Lalan Paswan S/O Late Satya Narayan Paswan R/O Village- Bajraha, Ward No. 05, P.S.- Alamnagar, District- Madhepura(Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Chouhan For the Opposite Party/s :

Dr. Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-09-2024

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Alamnagar Police Station Case No. 265 of 2023, dated 18.10.2023, disclosing offences under Sections 147/341/323/325/307/379/354A/504/506/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 10.10.2023, in the afternoon, all the accused persons, including the petitioners, armed with traditional weapons, came at the house of the informant and started abusing her. When objected, they assaulted the informant

Patna High Court CR. MISC. No.57097 of 2024(2) dt.04-09-2024 2/3 and others. It has further been alleged that the petitioner no. 1 snatched earring of the informant. The petitioner no. 2 assaulted the niece of the informant by means of iron rod on her leg.

4. Learned counsel for the petitioners submits that both the parties are neighbours, having land dispute and previous enmity. He further submits that the allegation against the petitioner no. 1 is that she snatched earring and petitioner no. 2 assaulted the niece of the informant on non-vital part of the body. Counter case has also been lodged by the side of the petitioners, bearing Alamnagar Police Station Case No. 258 of 2023, against the informant and others.

5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are neighbours, having land dispute, case and counter-case is also there and allegation against the petitioner no. 2 is of assault on the niece of the informant on non-vital part of the body, I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four

Patna High Court CR. MISC. No.57097 of 2024(2) dt.04-09-2024 3/3 weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Madhepura, in connection with Alamnagar Police Station Case No. 265 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U T