Patna High CourtCR. MISC./76983/2023bail granted

Sabrun Nesha @ Joshbun Nesha v. The State Of Bihar

2024-01-02Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76983 of 2023 Arising Out of PS. Case No.-146 Year-2023 Thana- RAMGARHWA District- East Champaran ====================================================== Sabrun Nesha @ Joshbun Nesha W/O Sahabuddin Village- Uchchi Bhatiya, Ps. Ramgarhwa, Dist. East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Tiwari, Adv For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The Petitioner is apprehending her arrest in connection with Ramgarhwa P.S. Case No. 146 of 2023 registered for the offences punishable under Sections 341, 323, 450, 307, 354, 379, 504/34 of the Indian Penal Code.

4. As per the prosecution case, earlier all the accused persons had threatened her of committing murder, once they took bail in Ramgarhwa P.S.Case No. 92 of 2023. On the fateful

Patna High Court CR. MISC. No.76983 of 2023(2) dt.02-01-2024 2/3 day, they holding arms abused and assaulted the informant causing injuries and tried to outrage her modesty and took away articles worth Rs. 1,20,000/-.

5. Learned counsel for the petitioners has submitted that the petitioner is innocent and has falsely been implicated in this case. There is land dispute between the parties and both are Gotiyas. The allegation against the petitioner is that she assaulted the informant with lathi and took her belongings. There is general and omnibus allegation against the petitioner and no injury report is on record. The petitioner has one criminal antecedent.

6. Learned A.P.P for the State has opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, let the above named petitioner, in the event of her arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, be released on anticipatory bail on furnishing bail bonds of Rs 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of the Learned SubDivisional Judicial Magistrate, Raxual, East Champaran, Motihari in Ramgarhwa P.S. Case No. 146 of 2023, subject to

Patna High Court CR. MISC. No.76983 of 2023(2) dt.02-01-2024 3/3 condition as laid down under Section 438(2) of the Cr.P.C. (Chandra Prakash Singh, J) N.K/- U T