Sugiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72760 of 2023 Arising Out of PS. Case No.-119 Year-2023 Thana- DAUDPUR District- Saran ====================================================== 1.

Sugiya Devi W/o Chatugun Nut Resident of Village Daudpur Chatti, P.S. Daudpur, Distt-Saran at Chapra.

2.

Renu Nut W/o Muharam Nut Resident of Village Daudpur Chatti, P.S. Daudpur, Distt-Saran at Chapra.

3.

Muharam Nut S/o Chatugun Nut Resident of Village Daudpur Chatti, P.S. Daudpur, Distt-Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Rajani Kumari For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-11-2023 Heard learned counsel for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 323, 379, 324, 307, 504, 506, 34 of the Indian Penal Code.

3. As per the prosecution case, on 31.03.2023 at about 5 PM, while the informant was grazing his cattle, in the meantime, all the accused persons including these petitioners armed with iron rod came and started abusing informant, upon objection, petitioner no. 3 Maharam Nut assaulted with Bhala on the forehead of informant. It is further alleged that petitioner no. 1 Sugiya Devi assaulted the informant with iron rod and

Patna High Court CR. MISC. No.72760 of 2023(2) dt.07-11-2023 2/3 petitioner no. 2 Renu Nut took out Rs. 3,000/- from pocket of informant and a silver chain.

4. It is submitted on behalf of petitioners that though, there is allegation of overt act against these petitioners, but the injury report does not support the same.

5. However, learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail.

6. Considering the fact that there is specific allegation of assault against petitioner no. 3 Muharam Nut, his prayer for anticipatory bail of petitioner no. 3 is refused.

7. So far as prayer for anticipatory bail of remaining petitioners i.e. petitioner no. 1 & 2, as named above, are concerned, since there is general and omnibus allegation against them and no specific allegation has been made against them coupled with the fact they are ladies, in the event of their arrest/surrender within a period of six weeks from today, he is directed to be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Saran at Chapra in connection with Daudpur P.S. Case No. 119 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.72760 of 2023(2) dt.07-11-2023 3/3

8. This application is, accordingly, disposed of. (Prabhat Kumar Singh, J) anay/- U T