Rupeshwari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76883 of 2024 Arising Out of PS. Case No.-339 Year-2023 Thana- DARIYAPUR District- Saran ====================================================== 1.

Rupeshwari Devi W/O Baban Giri Resident of Village- Piyra Math, P.SDariyapur, District- Saran at Chapra. 2.

Kavita Devi @ Babita Devi W/O Rajesh Giri Resident of Village- Piyra Math, P.S- Dariyapur, District- Saran at Chapra. 3.

Gita Devi @ Gita Giri W/O Devendra Giri Resident of Village- Piyra Math, P.S- Dariyapur, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramhansh Kumar Puri, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-11-2024 1.

Heard learned Counsel for the petitioners and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Dariyapur PS case no. 339 of 2023, disclosing offences punishable under Sections 341, 323, 324, 504, 506/34 of the Indian Penal Code.

3.

The prosecution story, as per the First Information Report, is that on 12.06.2023 due to dispute regarding keeping the gumti (kiosk) on the land in question, petitioners along with other accused persons assaulted father and brother of the informant.

Patna High Court CR. MISC. No.76883 of 2024(2) dt.19-11-2024 2/3 4.

Learned Counsel for the petitioners submits that petitioners' entire family has been made accused due to land dispute between the parties, which would be evident from First Information Report itself. Learned counsel further submits that no specific overt act has been alleged against the petitioners. The allegation of assault is upon other co-accused persons. 5.

On the other hand, learned counsel for the informant opposed the prayer for bail and submits that petitioners are named in the First Information Report and they along with other accused persons assaulted the informant and his family members.

6.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that no specific overt act has been alleged against the petitioners and moreover, the petitioners are ladies, I am inclined to grant the privilege of anticipatory bail to the petitioners. 7.

This application is, accordingly, allowed.

8.

Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within six 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 Judicial Magistrate-1st class, Saran at

Patna High Court CR. MISC. No.76883 of 2024(2) dt.19-11-2024 3/3 Chhapra in connection with Dariyapur PS case no. 339 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T