Sarita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83274 of 2024 Arising Out of PS. Case No.-303 Year-2023 Thana- RAJAON District- Banka ====================================================== 1.
Sarita Devi W/o Bhawesh Sah R/o village- Khajoor Korama, PS- Rajoun, Dist- Banka 2.
Bhawesh Sah S/o Rajendra Sah @ Rajendara Sah R/o village- Khajoor Korama, PS- Rajoun, Dist- Banka 3.
Manoj Sah @ Manoj Kumar Sah S/o Rajendra Sah @ Rajendara Sah R/o village- Khajoor Korama, PS- Rajoun, Dist- Banka 4.
Rajendra Sah S/o Late Jagarnath Sah R/o village- Khajoor Korama, PSRajoun, Dist- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vibhakar Kumar, APP For the Opposite Party/s :
Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-12-2024
1. Heard learned counsel for the parties.
2. The petitioners in this application prays for grant of anticipatory bail apprehending their arrest in connection with Rajoun (Nawada OP) P.S. Case no.303 of 2023 registered for the offence punishable under sections 341, 323, 308, 354, 504, 506 and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant states that over some dispute between petitioner no.1 and his wife, it is stated that petitioner no.1 started to abuse her. On the informant
Patna High Court CR. MISC. No.83274 of 2024(2) dt.13-12-2024 2/3 intervening, the other petitioners are said to have come variously armed with lathi and danda and having assaulted the informant and his wife. They threatened to kill her in case any case was lodged.
4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case over a trivial dispute between neighbours. The alleged injuries are said to be simple in nature and there is unexplained delay of 4 days in lodging of the FIR.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioners in the F.I.R., the delay of 4 days in reporting the matter to the police together with the alleged injuries having been found to be simple in nature and the petitioners not having any criminal antecedent, it is directed that the petitioners above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Rajoun (Nawada OP) P.S. Case no.303 of 2023 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.83274 of 2024(2) dt.13-12-2024 3/3 each to the satisfaction of the learned Judicial Magistrate 1st Class, Banka.
(Partha Sarthy, J) Bibhash U T