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Patna High CourtCR. MISC./3078/2024bail granted

Puja Devi v. The State Of Bihar

2024-02-07Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3078 of 2024 Arising Out of PS. Case No.-785 Year-2022 Thana- GAURICHAK District- Patna ====================================================== 1.

Puja Devi D/o Om Prakash Singh VILL - CHHADUCHAK, P.S. - GAURICHAK, DISTRICT - PATNA 2.

Mitendra Kumar @ Matendra Kumar S/o Basudev Singh VILL - CHHADUCHAK, P.S. - GAURICHAK, DISTRICT - PATNA 3.

Om Prakash Singh @ Om Prakash s/o Ram Dulari Singh VILL - CHHADUCHAK, P.S. - GAURICHAK, DISTRICT - PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyamal Prakash For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-02-2024 Heard learned counsel for the petitioners as well as the learned APP for the State.

2. The petitioners apprehend their arrest in connection with Gaurichak P.S. Case No. 785 of 2022, registered for the offences punishable under Sections 341, 323, 324, 379, 354, 504, 506, 34 of the Indian Penal Code.

3. As per allegation, on 22.11.2022 at about 4 O'clock the informant Rinki Devi was returning to Chhatu Chak, in the meantime, the accused persons came there and started abusing her. The specific allegation against petitioner no. 2 is that he assaulted the informant with butt of pistol on her head and petitioner no. 1 snatched a bag containing Rs. 40,000/-.

Patna High Court CR. MISC. No.3078 of 2024(2) dt.07-02-2024 2/2

4. Learned counsel for the petitioner has submitted that the entire allegation is false and concocted. The allegation appears to be non-believable as the petitioner no. 2 is alleged of possessing a pistol, but there is no allegation that he fired from that pistol. Learned counsel has further submitted that there is a land dispute between the parties and Sections 379 and 354 of the I.P.C. have been added merely with an intention to make the offence graver.

5. Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail 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-VI, Patna City, Patna in connection with Gaurichak P.S. Case No. 785 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nawneet Kumar Pandey, J) SONALI/- U T