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Patna High CourtCR. MISC./63925/2024bail granted

Kranti Devi v. The State Of Bihar

2024-09-11Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63925 of 2024 Arising Out of PS. Case No.-599 Year-2023 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== 1.

Kranti Devi w/o - Kanhaiya Paswan R/O Vill.- Ward no. 25, Baghi VTC, P.O. Suhird Nagar, P.S.- Lohiya Nagar, Dist.- Begusarai. 2.

Shani Kumar @ Sunny Kumar @ Sanny Kumar Paswan Son of Kanhaiya Paswan R/O Vill.- Ward no. 25, Baghi VTC, P.O. Suhird Nagar, P.S.- Lohiya Nagar, Dist.- Begusarai.

3.

Kanhaiya Paswan Son of Late Buddha Deo Paswan R/O Vill.- Ward no. 25, Baghi VTC, P.O. Suhird Nagar, P.S.- Lohiya Nagar, Dist.- Begusarai. 4.

Anjali Kumari Daughter of Kanhaiya Paswan R/O Vill.- Ward no. 25, Baghi VTC, P.O. Suhird Nagar, P.S.- Lohiya Nagar, Dist.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pritish Kumar Lal For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-09-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 387, 504, 506 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioners have antecedent of one case and petitioner nos. 1 and 4 are women and the informant alleges that on 14.08.2023, he was constructing his boundary wall, when

Patna High Court CR. MISC. No.63925 of 2024(2) dt.11-09-2024 2/3 accused persons came and assaulted him and Kanhaiya took Rs. 10,000/- from his pocket.

4. Learned counsel for the petitioners submits that from bare perusal of the allegation as alleged in the F.I.R., it would manifest that the occurrence took place on account of dispute relating to land. It is also submitted that there is no specific allegation of assault against any of the accused persons and petitioners and the informant are agnates, it is also submitted that a proceeding under Section 144 Cr.P.C. was initiated in which the rule was made absolute against the informant and vacated in favour of the petitioners as would manifest from Annexure-2 to the anticipatory bail application.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with

Patna High Court CR. MISC. No.63925 of 2024(2) dt.11-09-2024 3/3 Begusarai Nagar P.S. Case No. 599 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T