Rita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70330 of 2024 Arising Out of PS. Case No.-99 Year-2024 Thana- NAYAGAON District- Saran ====================================================== 1.

Rita Devi, Wife of Late Umesh Singh, Resident of village -Chhaturpur, Police Station- Sonepur, District- Saran 2.

Rajeev Kumar, Son of Late Umesh Singh, Resident of village -Chhaturpur, Police Station- Sonepur, District- Saran 3.

Pintu @ Pintu Kumar Singh @ Pintu Kumar, Son of Late Umesh Singh, Resident of village -Chhaturpur, Police Station- Sonepur, District- Saran ....... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Mili Kumari, Advocate For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Nayagaon P.S. Case No. 99 of 2024 instituted for the offence under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.

3. The case of the prosecution is that on 13.05.2024 when the informant was returning to his home, Pintu Kumar caught him and started assaulting. Rajeev Kumar and Vicky Kumar were hiding there. They also arrived and started

Patna High Court CR. MISC. No.70330 of 2024(2) dt.25-10-2024 2/3 assaulting the informant. It is further alleged that Rs. 5,000/- was taken away by the accused persons from the informant. It is further alleged that Rita Devi gave chilly powder to Pintu Kumar which was sprinkled in the eyes of the informant Nitesh Kumar Singh. After that Pintu Kumar assaulted with knife in the back of he informant.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. It has been argued by learned counsel for the petitioners that the occurrence is of 13.05.2024 whereas the F.I.R. was lodged after seven days. It has also been mentioned in the petition of the petitioners that on the same day, the father of the informant has lodged another case against the petitioners. The learned A.P.P. for the State could not provide satisfactory answer regarding delay in filing of this case. There is also a counter case which has been filed by the petitioner Rita Devi. There is only one case against the petitioners.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioners.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this

Patna High Court CR. MISC. No.70330 of 2024(2) dt.25-10-2024 3/3 Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Nayagaon P.S. Case No.99 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Saran at Chapra, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) lata/- U T