Shobha Devi @ Shobha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71632 of 2022 Arising Out of PS. Case No.-60 Year-2021 Thana- TELHARA District- Nalanda ====================================================== 1.

SHOBHA DEVI @ SHOBHA KUMARI Wife of Narendra Kumar Resident of Village- Mandachh, P.S.- Telhara, District- Nalanda 2.

MALTI DEVI @ MALTI KUMARI Wife of Karmu Prasad Resident of Village- Mandachh, P.S.- Telhara, District- Nalanda ... ... Petitioners.

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lovekush Kumar For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-03-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 504, 506 & 308/34 of the Indian Penal Code. All the accused persons named in the F.I.R. including these petitioners having with deadly weapons are said to have come to the informant and assaulted him and his family members by their respective arms.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to land

Patna High Court CR. MISC. No.71632 of 2022(2) dt.14-03-2023 2/3 dispute. It is further submitted that after investigation police submitted final form against the co-accused Narendra Kumar and the charge-sheet has been submitted against the petitioners and others under Section 341, 323, 337, 308, 504 & 506/34 of the I.P.C. and not under Section 379 I.P.C. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. Both sides have filed cases against each other. The injury sustained by the victim is simple in nature. It is also submitted that the aforesaid Narendra Kumar has been enlarged on bail by a co-ordinate bench of this court vide order dated 24.05.2022 passed in Cr. Misc. No. 67068 of 2021 and the case of these petitioners stand on better footing. Petitioners are ladies and have no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in

Patna High Court CR. MISC. No.71632 of 2022(2) dt.14-03-2023 3/3 connection with Telhara P.S. Case No.60 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T