Pramila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74553 of 2022 Arising Out of PS. Case No.-80 Year-2022 Thana- MAHESI District- East Champaran ====================================================== 1.

PRAMILA DEVI W/O DURGA PASWAN Resident of village- Katahan, P.S.- Mehsi, District- East Champaran.

2.

VIJAY SAHANI S/O BIRA SAHANI Resident of village- Katahan, P.S.- Mehsi, District- East Champaran.

3.

KARAN KUMAR S/O LATE GANESH PASWAN Resident of villageKatahan, P.S.- Mehsi, District- East Champaran. 4.

NAND KISHORE PASWAN S/O RAMESHWAR PASWAN Resident of village- Katahan, P.S.- Mehsi, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rashim Jha, Adv.

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-04-2023 Heard Ms. Rashmi Jha, learned counsel for the petitioners and Mr. Harendra Prasad, learned A.P.P. for the State. Petitioners apprehend their arrest in connection with Mehsi PS Case No. 80 / 2022 dated 05.04.2022 registered under Sections 341, 323, 379, 307, 504, 506, 34 of the IPC. The prosecution story in nutshell is that the petitioners along with other accused persons assaulted the informant and his family members by means of lathi, danda, daab etc.

Patna High Court CR. MISC. No.74553 of 2022(2) dt.29-04-2023 2/3 Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case due to admitted land dispute between the parties, who are co-sharers. She further submits that there is case and counter case between the parties inasmuch as Mehsi PS Case No. 79 / 2022 dated 05.04.2022 has been filed by the side of the petitioner, which is prior in time to the FIR lodged by the prosecution. Referring to the impugned order, learned counsel submits that injuries caused to the informant and his other family members have been found to be simple in nature.

Regard being had to the submission made by the parties, taking into consideration the material on record, the fact that both the parties are co-sharers, there is admitted land dispute between them, petitioner no. 1 is a lady and there is no antecedent against the petitioners, as such, I am inclined to grant anticipatory bail to the petitioners.

Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran in

Patna High Court CR. MISC. No.74553 of 2022(2) dt.29-04-2023 3/3 connection with Mehsi PS Case No. 80 / 2022 subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anil Kumar Sinha, J) praful/- U T