Sita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86199 of 2024 Arising Out of PS. Case No.-59 Year-2023 Thana- PIYAR District- Muzaffarpur ====================================================== 1.

Sita Devi Wife of Mahesh Ram Village- Bandra PS- Piar Dist -Muzaffarpur 2.

Mahesh Ram Son of Ram Bilash Ram Village- Bandra PS- Piar Dist -Muzaffarpur 3.

Rupesh Ram son of Mahesh Ram Village- Bandra PS- Piar Dist -Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-12-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 354(B), 429, 447, 307, 504, 506/34 of the Indian Penal Code.

3.

Allegation against the petitioners is that they assaulted the husband of the informant with lodhi of stone, iron rod etc. They also abused and assaulted the informant.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that husband of the informant and petitioner no.2 are full brother, petitioner no. 1 is a female and wife of petitioner no.2

Patna High Court CR. MISC. No.86199 of 2024(2) dt.17-12-2024 2/2 and petitioner no. 3 is son of petitioner no.1 and 2. There is some land dispute between the parties due to which petitioners have been implicated in this case. Petitioners have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, considering that petitioner no.1 is a female and petitioner no.3 is son of petitioner no.1, let the petitioner nos. 1 and 3, 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 court below where the case is pending/Successor Court in connection with Piar P.S. Case No.59 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7.

However, considering nature of allegation, I am not inclined to enlarge the petitioner no.2 on anticipatory bail. The prayer for grant of bail on his behalf is hereby rejected. 8.

This application is accordingly partly allowed. (Anjani Kumar Sharan, J) priyanka/- U T