Priti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77232 of 2024 Arising Out of PS. Case No.-362 Year-2024 Thana- GAYA KOTWALI District- Gaya ====================================================== 1.

Priti Devi Wife of Suresh Kumar, Daughter of Umesh Paswan Resident of Murali Hilla, Mohalla - Bairagi, P.S. - Kotwali, District - Gaya 2.

Mallu Paswan @ Sunil Kumar @ Bhallu Paswan Son of Umesh Paswan Resident of Murali Hilla, Mohalla - Bairagi, P.S. - Kotwali, District - Gaya 3.

Chandni Devi @ Chandani Devi Wife of Parvind Kumar, Daughter of Umesh Paswan Resident of Murali Hilla, Mohalla - Bairagi, P.S. - Kotwali, District - Gaya 4.

Alka Devi @ Malika Wife of Sunil Paswan @ Anil Resident of Murali Hilla, Mohalla - Bairagi, P.S. - Kotwali, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-11-2024

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

2. This application, for grant of anticipatory bail, arises out of Kotwali Police Station Case No. 362 of 2024, dated 06.07.2024, disclosing offences punishable under Sections 126(2)/115(2)/109/3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. The prosecution case, as per the First Information Report, is that in the morning of 06.07.2024, the informant made an objection regarding sale of liquor and ganja by the

Patna High Court CR. MISC. No.77232 of 2024(2) dt.20-11-2024 2/3 petitioners, upon which the petitioners, along with others, altogether nine in numbers, armed with sticks, iron rod, pistol etc. assaulted the informant and his family member. It has further been alleged that the petitioner no. 3, along with other co-accused persons, pulled Sulekha Devi with her hair and also assaulted her. Other co-accused persons, namely, Anil Paswan and Suresh Paswan assaulted the informant and others by iron rod.

4. Learned Counsel for the petitioners submits that the petitioners are next door neighbour of the informant and have been made accused due to previous enmity between the parties. The allegation against the petitioners is general and omnibus in nature and the specific allegation of assault is against co-accused Anil Paswan and Suresh Paswan. The petitioner nos. 1, 3 and 4 are women and there is no specific allegation against the petitioner no. 2.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the allegation against the petitioners is general and omnibus in nature, petitioner nos. 1, 3 and 4 are women and there is no specific allegation against petitioner no. 2, I am inclined to grant the petitioners privilege of

Patna High Court CR. MISC. No.77232 of 2024(2) dt.20-11-2024 3/3 anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioners, above named, in the event of their 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 Chief Judicial Magistrate, Gaya, in connection with Kotwali Police Station Case No. 362 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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