Peyari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76566 of 2023 Arising Out of PS. Case No.-511 Year-2023 Thana- FATEHPUR District- Gaya ====================================================== Peyari Devi Wife Of Late Lakhan Paswan R/O Of Village- Mayapur, P.S.- Fatehpur, District- Gaya, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dharmendra Kumar Paswan, Adv.
For the Opposite Party/s :
Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Fatehpur P. S. Case No. 511 of 2023, dated 13-07-2023, instituted for the offence punishable under Sections 147,341,323,307,504,506,379,448 and 354 of the Indian Penal Code.
3. The prosecution case in nutshell is that all the accused persons armed with deadly weapons barged into the house of the son of the informant and said to compromise the previous case. It is further alleged that this petitioner assaulted Shanti devi, daughter-in-law of the informant with Gaita and also snatched
Patna High Court CR. MISC. No.76566 of 2023(2) dt.29-11-2023 2/3 her golden Chain.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. It is submitted that there is no injury report of injured Shanti Devi, is available on record. It is next submitted that there is delay of four days in lodging the FIR. It is further submitted that there is case and counter case between the parties. Petitioner has also lodged Fatehpur PS Case No. 525 of dated 16-07-2023 under Sections 341,323,354,379,504,506 and 34 of the IPC against the informant's side. Both sides have sustained injuries. There is land dispute between the parties. One criminal case is pending against the petitioner since before which was also lodged by informant's side.
5. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Fatehpur P. S. Case No. 511 of 2023, she shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
Patna High Court CR. MISC. No.76566 of 2023(2) dt.29-11-2023 3/3 sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) shyambihari/- U T