Sarita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78844 of 2019 Arising Out of PS. Case No.-314 Year-2019 Thana- MADHEPURA District- Madhepura ====================================================== Sarita Devi, wife of Kari Tanti Resident of Village- Parmanandpur, Navtolia, P.S. Parmanandpur of District Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bidhanesh Misra For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-01-2020 Heard Mr. Bidhanesh Mishra, learned counsel appearing for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends her arrest in connection with Madhepura (Parmanandpur O.P.) P.S. Case No.314 of 2019, for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 504, 506, 379 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner along with 16 other persons started constructing a house in the Khatiyani land of the informant and when the informant protested, all the accused persons including the petitioner assaulted the informant with lathi, danda, farsa and khanti causing injury to the Narayan Tanti and cousin Shubnarayan Tanti.

Patna High Court CR. MISC. No.78844 of 2019(3) dt.22-01-2020 2/3 Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as all the family members have been implicated in this case. Learned counsel further submits that there is case and counter case between the parties inasmuch as Madhepura (Parmanndpur) P.S. Case No.317 of 2019 has been lodged by the side of the petitioner against the side of the prosecution for an occurrence which has taken place on the same date and time. Learned counsel further submits that the injuries caused to the injured have been found to be simple in nature by the doctor.

After having heard learned counsel for the parties and taking into consideration the fact that there is case and counter case between the parties and there appears to be admitted land dispute between them and the petitioner is a lady having no specific allegation against her and injuries caused to the side of the prosecution have been found to be simple in nature, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by her, she shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.

Patna High Court CR. MISC. No.78844 of 2019(3) dt.22-01-2020 3/3 sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Madhepura (Parmanandpur O.P.) P.S. Case No.314 of 2019, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T