Leela Devi @ Neelam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72119 of 2021 Arising Out of PS. Case No.-27 Year-2021 Thana- MAHILA (Saharsa) P.S. District- Saharsa ====================================================== 1.

Leela Devi @ Neelam Devi, W/o Laxman Sah Resident of Village - Ward no.18, Golma, Sharsha , (in the FIR, the Address of the Petitioners has Been Written as Resident of Sahsram, Sharsha) P.s.- Sour Bazar, Distt.- Sharsha. 2.

Rahul Sah @ Anit Kumar Son of Laxman Sah Resident of Village - Ward no.18, Golma, Sharsha , (in the FIR, the Address of the Petitioners has Been Written as Resident of Sahsram, Sharsha) P.s.- Sour Bazar, Distt.- Sharsha. 3.

Parwati Devi @ Poonam Kumari W/o Ranjeet Kumar, Daughter in Law of Laxman Sah Resident of Village - Ward no.18, Golma, Sharsha , (in the FIR, the Address of the Petitioners has Been Written as Resident of Sahsram, Sharsha) P.s.- Sour Bazar, Distt.- Sharsha.

4.

Ranjit Shah @ Ranjeet Kumar Son of Laxman Sah Resident of Village - Ward no.18, Golma, Sharsha , (in the FIR, the Address of the Petitioners has Been Written as Resident of Sahsram, Sharsha) P.s.- Sour Bazar, Distt.- Sharsha.

5.

Laleeta Devi @ Lalita Devi W/o Budhan Sah Resident of Village - Ward no.18, Golma, Sharsha , (in the FIR, the Address of the Petitioners has Been Written as Resident of Sahsram, Sharsha) P.s.- Sour Bazar, Distt.- Sharsha. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chetan Kumar, Advocate For the Opposite Party/s :

Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-06-2022 Heard the learned counsel for the petitioners and the learned APP for the State.

Learned counsel for the petitioners is permitted to remove the defect/(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioners are apprehending their arrest in

Patna High Court CR. MISC. No.72119 of 2021(2) dt.09-06-2022 2/3 Mahila (Saharsa) P.S. Case No. 27 of 2021 registered for the offences punishable under Sections 341, 342, 452, 376, 511, 307,504,506/34 of the Indian Penal Code.

Allegation against petitioners who are family members of co-accused Laxman Sah is that they assaulted the informant causing injuries on her head and lip and co-accused Laxman Sah tried to rape her.

Learned counsel for the petitioners submits that the co-accused Laxman Sah, has already been arrested and is in judicial custody. It is also submitted that when the petitioner no. 1 protested the illicit relationship of the informant with his father Siyacharan Sah (son of bhaisur of informant), then just to take revenge, this case has been filed against all the petitioners. He further submits that the alleged occurrence took place on 14.04.2021, however, FIR has been lodged on 19.04.2021 i.e. after delay of 5 days without any plausible explanation. The injuries on informant were found, simple in nature and petitioners have got no criminal antecedent.

Learned APP for the State has opposed the anticipatory bail of petitioners.

Considering the aforesaid facts and circumstances, nature of allegation against the petitioners, the injuries found on

Patna High Court CR. MISC. No.72119 of 2021(2) dt.09-06-2022 3/3 informant are simple and petitioners have got no criminal antecedent. I am inclined to grant the anticipatory bail to the petitioners. Let the petitioners, abovenamed, 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, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Saharsa in connection with Mahila (Saharsa) Case No. 27 of 2021, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Sunil Dutta Mishra, J) khushbu/- U T