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Patna High CourtCR. MISC./82255/2024allowed

Rupa Devi v. The State Of Bihar

2024-12-05Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82255 of 2024 Arising Out of PS. Case No.-250 Year-2023 Thana- SHAMBHUGANJ District- Banka ====================================================== 1.

Rupa Devi W/o- Chandan Das Village- Khangah Ps-Shambhuganj DistBanka 2.

Mosharni Devi W/o- Sudin Das @ Late Sudin Das Village- Khangah PsShambhuganj Dist-Banka 3.

Guriya Devi W/o- Rakesh Das Village- Khangah Ps-Shambhuganj DistBanka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 506, 34 of the Indian Penal Code.

3. The prosecution case, in brief, is that on 17.09.2023, when the informant's daughter was going to market, in her way, the accused persons including these petitioners caused injury on her head by pelting bricks.

4. It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and have committed no offence. No such occurrence as alleged has ever taken place.

Patna High Court CR. MISC. No.82255 of 2024(2) dt.05-12-2024 2/2 They have falsely been implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. Both the parties are agnates and there is admitted land dispute between them. There is case and counter case between the parties. Learned counsel further submits that nothing specific has been attributed against the petitioners. They have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, since there is admitted land dispute as well as case and counter case between the parties, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Shambhuganj P.S. Case No.250 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T