Soni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66999 of 2024 Arising Out of PS. Case No.-71 Year-2024 Thana- PIPRA District- East Champaran ====================================================== Soni Devi Wife of Arun Kumar Gupta Resident of village- Bhagwanpur, P.S.- Pipra, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Pipra P.S. Case No. 71 of 2024 registered for the offences punishable under Sections 341, 323, 324, 325, 307, 379, 427, 504 & 34 of the Indian Penal Code.

3.

As per prosecution case, the accused persons along with the petitioner armed with weapon came at the door of the Informant and abused him. It is alleged that all the accused persons assaulted the Informant by Axe due to which he sustained injury on his body and blood started oozing. It is further alleged that the accused persons caught the Informant, put rope around his neck and hanged him with fan. It is also

Patna High Court CR. MISC. No.66999 of 2024(2) dt.20-09-2024 2/3 alleged that the accused Soni Devi (petitioner) snatched gold chain worth of Rs. 40,000/- from the neck of the informant. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. It is submitted that there is inordinate delay of three days in lodging of the FIR without there being any satisfactory explanation for the same. It is submitted that petitioner has also lodged a case against the informant of this case and others bearing Pipra PS case No. 138 of 2024. He goes on to submit that parties are agnates and there is subsisting land dispute between the parties. There is no allegation under Section 307 of the IPC against the petitioner. Co-accused has been granted regular bail by this Court vide order dated 21-08-2024, passed in Cr. Misc. No. 57787 of 2024.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/-

Patna High Court CR. MISC. No.66999 of 2024(2) dt.20-09-2024 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Pipra P.S. Case No. 71 of 2024 , subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Kishore/- U T