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Patna High CourtCR. MISC./84261/2023bail granted

Sonpari Devi v. The State Of Bihar

2024-04-09Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84261 of 2023 Arising Out of PS. Case No.-111 Year-2023 Thana- BELAGANJ District- Gaya ====================================================== 1.

SONPARI DEVI, female, aged about 48 years, W/O SURESH PRASAD 2.

ANJALI KUMARI , Female, aged about 21 years, D/O SURESH PRASAD 3.

SURESH PRASAD, Male, aged about 50 years, S/O LATE SADHU MAHTO 4.

RAJU KUMAR, Male, aged about 19 years, S/O SURESH PRASAD All are RESIDENT OF VILLAGE- HARIGAM P.S. BELAGANJ, DISTRICT- GAYA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar, Advocate For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 09-04-2024 Heard Mr. Arvind Kumar, learned counsel appearing on behalf of the petitioners and Mr. Surendra Kumar, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Belaganj P.S. Case No. 111 of 2023 registered for the offence(s) punishable under Sections 341, 323, 448, 354, 379 and 34 of the Indian Penal Code.

3. As per the allegation made in the FIR, the petitioners had assaulted the informant with an intention to kill her.

4. Learned counsel appearing on behalf of the petitioners submitted that petitioners and informant are agnates

Patna High Court CR. MISC. No.84261 of 2023(3) dt.09-04-2024 2/3 and due to land dispute, an altercation took place and both the sides entered into fierce fight and in the self-defence, petitioners, without any intention, might have caused some injury on the person of the informant. There is case and counter case between the parties and in this regard, specific statement has been made in paragraph no.8 of the petition. Petitioners have clean antecedents.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. In the facts and circumstances of the case, the petitioners, above named, are directed to be released on prearrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Belaganj P.S. Case No. 111 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. The District Court is directed to verify the criminal antecedents of the petitioners and if it is found that the petitioners are involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will

Patna High Court CR. MISC. No.84261 of 2023(3) dt.09-04-2024 3/3 automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T