Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88871 of 2024 Arising Out of PS. Case No.-218 Year-2024 Thana- AWTARNAGAR District- Saran ====================================================== 1.

Anita Devi Wife of Jitan Ray Resident of village- Santha PS- Awtar Nagar, District- Saran 2.

Bikram Kumar Son of Jitan Ray Resident of village- Santha PS- Awtar Nagar, District- Saran 3.

Ganesh Ray son of Lakshman Ray Resident of village- Santha PS- Awtar Nagar, District- Saran 4.

Bhim Kumar@ Bhim Ray son of Ganesh Ray Resident of village- Santha PS- Awtar Nagar, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar, Advocate Mr. Mohit Srivastava, Advocate Mr. Kanishk Kaustubh, Advocate Mr. Shikhar Mani, Advocate Ms. Lakshmi Kumari, Advocate Mr. Rajnish Prakash, Advocate Mr. Ankesh Kr. Sinha, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-01-2025 Learned counsel for the petitioners seeks permission to withdraw the anticipatory bail petition of Petitioner Nos. 3 and 4 with liberty to surrender before the Court below.

2. Permission is accorded.

3. Accordingly, the anticipatory bail petition with respect to Petitioner Nos. 3 and 4 is dismissed as withdrawn.

4. Heard learned counsel for Petitioner Nos. 1 and 2 and learned A.P.P. for the State.

Patna High Court CR. MISC. No.88871 of 2024(2) dt.08-01-2025 2/3

5. Petitioner Nos. 1 and 2 apprehend their arrest in connection with Awatar Nagar P.S. Case No. 218 of 2024, instituted under Sections 191(2), 191(3), 190, 126(2), 115, 118(1), 117, 109, 352, 351(2) of the B.N.S.

6. As per the prosecution case, on the date of occurrence F.I.R. named accused persons assaulted the informant and his relatives on being protested by them to cut the Gamhar tree of his land.

7. Learned counsel for Petitioner Nos. 1 and 2 submits that they are innocent and have falsely been implicated in this case due to land dispute. There is no specific allegation against Petitioner Nos. 1 and 2. There is case and counter case between the parties. Petitioner No. 1 is a lady and petitioner no. 2 is a young boy having no criminal antecedents. They undertake to co-operate in the investigation.

8. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

9. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the Petitioner Nos. 1 and 2 be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand)

Patna High Court CR. MISC. No.88871 of 2024(2) dt.08-01-2025 3/3 each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Chapra at Saran in connection with Awatar Nagar P.S. Case No. 218 of 2024, subject to the conditions laid down in Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023. (Sunil Dutta Mishra, J) rakhi/- U T