Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71626 of 2024 Arising Out of PS. Case No.-254 Year-2023 Thana- BIHTA District- Patna ====================================================== Sunita Devi Wife of Indrajeet Goswami @ Bhutti Goswami Resident of Village - Sadisopur, P.S. - Bihita, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ayush Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-10-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Bihta Police Station Case No. 254 of 2023, dated 13.03.2023, disclosing offences punishable under Sections 341/323/447/504/506/307/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 13.03.2023, the petitioner, along with other coaccused persons, assaulted the informant and his family members. It has further been alleged that the petitioner tried to kill the informant's wife by pressing her neck.

4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case only

Patna High Court CR. MISC. No.71626 of 2024(2) dt.26-10-2024 2/3 because she happens to be the wife of co-accused Bhutti Goswami. From perusal of the First Information Report, it is apparent that after closure of the statement, the name of the petitioner has been added. The informant is the own brother-in-law of the petitioner. There is admitted land dispute between the parties, as would be evident from the First Information Report itself. The injury caused to the informant's wife is simple in nature.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that there is land dispute between the parties, both parties are closely related and the injury caused to the informant's wife is simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released 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 1st Additional Chief Judicial Magistrate, Danapur, in connection with Bihta Police Station Case No. 254 of

Patna High Court CR. MISC. No.71626 of 2024(2) dt.26-10-2024 3/3 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √