Soniya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56846 of 2023 Arising Out of PS. Case No.-1 Year-2023 Thana- DHANAHA District- West Champaran ====================================================== 1.

SONIYA DEVI WIFE OF INDRAJEET TURHA RESIDENT OF VILLAGE - DOKARI, P.S. - DHANHA, DISTRICT - WEST CHAMPARAN (BIHAR) 2.

SITA DEVI WIFE OF SINDHU TURHA RESIDENT OF VILLAGE - DOKARI, P.S. - DHANHA, DISTRICT - WEST CHAMPARAN (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suresh Prasad Sharma, Adv.

For the Opposite Party/s :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-08-2023 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

2.

This is an application for grant of anticipatory bail in connection with Dhanha P.S. Case No. 1 of 2023, registered for the offence punishable under Section 341, 323, 307, 504, 34 of the Indian Penal Code.

3.

The allegation is regarding the accused persons having abused the informant, whereupon the informant had raised objection and then, the petitioners had assaulted the informant and his son by means of lathi.

4.

The learned counsel for the petitioners submits that the petitioners are innocent, they have been falsely implicated in the

Patna High Court CR. MISC. No.56846 of 2023(2) dt.30-08-2023 2/3 present case and they are having a clean antecedent. The learned counsel for the petitioners has further submitted, by referring to paragraph no. 7 of the present petition that the injuries, sustained by the informant and his son, have been found to be simple in nature. It is further submitted that the present case arises out of case and counter case.

5.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners, taking into account the materials available on record as also considering the fact that it is the specific averment of the petitioners that the injuries, sustained by the injured persons, have been found to be simple in nature, apart from the fact that the petitioners are having a clean antecedent, I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail.

7.

Accordingly, the petitioners are directed to be enlarged on anticipatory bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two

Patna High Court CR. MISC. No.56846 of 2023(2) dt.30-08-2023 3/3 sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1st, Bagaha, West Champaran, in connection with Dhanha P.S.Case No. 1 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Ajay/- U T