Chanda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70728 of 2023 Arising Out of PS. Case No.-352 Year-2022 Thana- NAUTAN District- West Champaran ====================================================== 1.

Chanda Devi Wife of Bagad Sahani, R/o Village- Jagdishpur Uchawa Tola Ps- Jagdishpur Dist- W.Champaran.

2.

Champa Devi Wife of Om Prakash Sahani, R/o Village- Jagdishpur Uchawa Tola Ps- Jagdishpur Dist- W.Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar No.2, Advocate.

For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-11-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Nautan (Jagdishpur) P.S. Case No. 352 of 2022 instituted under Sections 147, 148, 149, 341, 447, 384, 427, 506 & 504 of the Indian Penal Code.

3. As per the prosecution case, on 21.06.2022 the informant went to see his land then in the meantime all the accused persons including the petitioners came there and started abusing the informant. They demanded Rs.20,00,000/- as extortion and threatened the informant. On 22.06.2022 all the accused persons armed with weapons came on the said land and demolished the boundary wall over the land. When the informant protested then they threatened to kill him.

Patna High Court CR. MISC. No.70728 of 2023(2) dt.24-11-2023 2/2

4. Learned counsel for the petitioners submits that petitioners are pardanashin lady and they were not on the place of occurrence. He further submits that petitioners have been made accused in this case due to Gotiya of Jhuna Sahani with whom the informant had alleged dispute. He also submits that criminal antecedent of both the petitioners are clean.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned C.J.M., Bettiah, West Champaran at Bettiah in connection with Nautan (Jagdishpur) P.S. Case No.352 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J.) Ritik/- U