Gunjan Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70285 of 2022 Arising Out of PS. Case No.-134 Year-2022 Thana- NAUGACHIA District- Bhagalpur ====================================================== 1.
GUNJAN DEVI Wife of Anil Singh Resident of Village - Pakra Doniya Tola, P.S.- Naugachia, District - Bhagalpur 2.
Punam Devi Wife of Sunil Prasad Singh Resident of Village - Pakra Doniya Tola, P.S.- Naugachia, District - Bhagalpur 3.
Karuna Devi @ Karun Devi Wife of Anil Prasad Singh Resident of Village - Pakra Doniya Tola, P.S.- Naugachia, District - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajive Ranjan Singh, Advocate For the Opposite Party/s :
Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-05-2023 Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.
The accused petitioners are named in F.I.R. and apprehending their arrest in connection with Naugachia P. S. Case No. 134 of 2022 registered for the offences punishable under Sections 341, 448, 323, 307, 379, 504, 506/34 of the Indian Penal Code.
The allegation against all above named petitioners is to assault informant and others, along with other co-accused persons/family members, causing bodily injuries, having
Patna High Court CR. MISC. No.70285 of 2022(2) dt.05-05-2023 2/3 intention to cause their death, where occurrence is alleged to be founded upon dispute arises out of partition of ancestral property.
Learned counsel appearing on behalf of the petitioners submitted that allegation against petitioner nos.1 and 3, namely, Gunjan Devi and Karuna Devi @ Karun Devi, is appearing very much general and omnibus, in fact injured, Arti Devi, received injury during the course of occurrence as she fell down to the ground. It is submitted that allegation against petitioner no.2, namely, Poonam Devi, is also limited to hold injured, Bharti Kumari, who assaulted by co-accused, namely, Sumit Kumar, by rod, where who is not the petitioner for the present. While concluding the argument, it is submitted that all three petitioners are ladies of clean antecedent.
Learned APP for the State, while opposing the prayer of anticipatory bail, submitted that all petitioners actively participated in the occurrence.
Considering the aforesaid facts and circumstances and by taking note of nature of accusation, where all petitioners are ladies of clean antecedent, accordingly, all above named petitioners, in the event of their arrest or surrender before learned Court below within a period of four weeks, are directed
Patna High Court CR. MISC. No.70285 of 2022(2) dt.05-05-2023 3/3 to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-Ist, Naugachia, Distt-Bhagalpur/concerned Court, in connection with Naugachia P. S. Case No. 134 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Chandra Shekhar Jha, J) R.S.Sen/- U T