Shweta Kumari @ Sweeta Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1686 of 2024 Arising Out of PS. Case No.-235 Year-2023 Thana- GOPALPUR District- Bhagalpur ====================================================== 1.

Shweta Kumari @ Sweeta Kumari Wife of Kamlesh Mandal @ Kamlesh Kumar Mandal Resident of village - Rangra, Police Station- Rangra, District - Bhagalpur.

2.

Indu Kumari @ Priya Bharti Wife of Dewesh Mandal @ Dewesh Kumar Mandal Resident of village - Rangra, Police Station- Rangra, District - Bhagalpur.

... ... petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the petitioners/s :

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

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 31-01-2024 Heard Mr. Dilip Kumar, learned counsel appearing on behalf of the petitioners and Mr. Zainul Abedin, learned APP appearing on behalf of the State.

2. The petitioners apprehend their arrest in connection with Gopalpur (Rangra O.P.) P.S. Case No. 235 of 2023 registered under Sections 147, 148, 149, 341, 447, 323, 307, 379, 354(B), 504, 506 of the Indian Penal Code.

3. As per the allegation made in the FIR, the petitioners along with other accused persons assaulted the husband of the informant with hard and blunt substance.

4. Learned counsel appearing on behalf of the petitioners submits that petitioners and informant are neighbours

Patna High Court CR. MISC. No.1686 of 2024(2) dt.31-01-2024 2/2 and due to land dispute between them, the petitioners have been made accused in the present case. A title suit is pending between the parties. Petitioners have clean antecedent.

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

6. Considering the rival submission made on behalf of the parties, as well as, the fact that the parties are in inimical terms with each-other due to long standing land dispute and title suit is also pending, I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail. Court below is directed to release the petitioners on anticipatory bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate-I, Naugachia, Bhagalpur in connection with Gopalpur (Rangra O.P.) P.S. Case No. 235 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J.) Ashishsingh/- U T