Runa Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67858 of 2024 Arising Out of PS. Case No.-300 Year-2022 Thana- NAUHATTA District- Saharsa ====================================================== 1.

Runa Kumari D/o- Hareram Yadav Village- Barba Tola W.No-3, PsNauhatta Darhar OP Dist- Saharsa 2.

Siya Devi Wife of Hareram Yadav Village- Barba Tola W.No-3, Ps- Nauhatta Darhar OP Dist- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suraj Kumar For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-10-2024

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 Nauhatta (Darhar O.P.) Police Station Case No. 300 of 2022, dated 09.11.2022, disclosing offences under Sections 447/341/323/307/379/504/506 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 19.10.2022, the petitioners and other accused persons were digging soil from a land situated adjacent to the house of informant and when the husband of the informant objected, the accused persons abused and

Patna High Court CR. MISC. No.67858 of 2024(2) dt.24-10-2024 2/3 assaulted him by means of lathi, danda, bamboo, etc. It has further been alleged that petitioners entered into the court-yard of the informant and caught her by hair and assaulted her by fist and slaps and also assaulted her by means of aluminum utensils due to which she sustained injury on ribs.

4. Learned Counsel for the petitioners submits that both the petitioners are ladies and have falsely been implicated in the present case due to land dispute between the parties, which would be evident from the First Information Report itself. He next submits that the injuries caused to the informant are simple in nature, which would be evident from the impugned order. He further submits that there is inordinate delay of 20 days in lodging of First Information Report inasmuch as the occurrence took place on 19.10.2022, but First Information Report has been lodged on 09.11.2022.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that there is land dispute between the parties, injuries caused to the informant are simple in nature and the petitioners are ladies, I am inclined to grant the petitioners privilege of

Patna High Court CR. MISC. No.67858 of 2024(2) dt.24-10-2024 3/3 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 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 Judicial Magistrate 1st Class, Saharsa, in connection with Nauhatta (Darhar O.P.) Police Station Case No. 300 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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