Bhaso Devi @ Bhoso Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77723 of 2024 Arising Out of PS. Case No.-767 Year-2023 Thana- JAMUI District- Jamui ====================================================== 1.

Bhaso Devi @ Bhoso Devi Wife of Om Prakash Bind Resident of Village - Padmawat, P.O. - Dundo, P.S. - Jamui, District - Jamui. 2.

Om Prakash Bind Son of Devnand Bind @ Devki Bind @ Dewari Bind Resident of Village - Padmawat, P.O. - Dundo, P.S. - Jamui, District - Jamui. 3.

Ravi Bind Son of Om Prakash Bind Resident of Village - Padmawat, P.O. - Dundo, P.S. - Jamui, District - Jamui.

4.

Virendar Kumar Son of Om Prakash Bind Resident of Village - Padmawat, P.O. - Dundo, P.S. - Jamui, District - Jamui. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rudra Deo, Adv.

For the Opposite Party/s :

Mr. Navin Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-11-2024 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 Jamui Police Station Case No. 767 of 2023, disclosing offences under Sections 147, 149, 341,323, 325, 308, 353, 354(B), 379, 504 and 506 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 28.12.2023 informant and her husband went for measurement of land along with the Government AMIN. In the meanwhile, petitioners arrived there and petitioner no.1 tied

Patna High Court CR. MISC. No.77723 of 2024(2) dt.21-11-2024 2/3 the cloth (Gamchha) around the neck of the informant's husband and petitioner no. 2 caught hair of the informant and pulled her down on the ground and snatched original papers of the land including mobile, golden locket and Rs. 5000/-.

4. Learned Counsel for the petitioners submits that petitioner no.1 is the own sister of informant, petitioner no. 2 is the husband of petitioner no 1 and petitioner nos. 3 and 4 are sons of petitioner nos. 1 and 2. He further submits that petitioners have been made accused due to land dispute between the parties and Probate Case No. 12 of 2023 is going on between the petitioner no.1 and the informant. He next submits that the injuries caused to the informant and her husband are minor in nature as would be evident from the injury report annexed at Annexure-2.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that informant and petitioner no. 1 are own sisters and probate case is pending between them and the injury caused to the victims are minor in nature, I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of

Patna High Court CR. MISC. No.77723 of 2024(2) dt.21-11-2024 3/3 their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui, in connection with Jamui Police Station Case No. 767 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) Siwani/- U T