Sunaina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86281 of 2019 Arising Out of PS. Case No.-72 Year-2018 Thana- DHURAIYA District- Banka ====================================================== 1.

SUNAINA DEVI W/o Nirpendra Singh Resident of Village - Sadpur, P.S.- Dhoriya, Distt.- Banka.

2.

Jag Jyoti Devi @ Jagjoti Devi W/o Surendra Prasad Singh Resident of Village - Sadpur, P.S.- Dhoriya, Distt.- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-02-2020 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Dhoraiya Police Station Case No. 72 of 2018, disclosing offences under Sections 341/323/324/379/307/354/504/506/34 of the Indian Penal Code.

The allegation against the petitioners is that the petitioners, along with other accused persons, abused and assaulted the informant by fists and legs.

Learned Counsel for the petitioners submits that the petitioners have falsely been implicated in the present case inasmuch both the parties are agnates and there is family dispute

Patna High Court CR. MISC. No.86281 of 2019(2) dt.27-02-2020 2/3 between them and from perusal of the First Information Report, it would be evident that there is no specific allegation of assault against these petitioners and on the contrary the allegation is general and omnibus in nature. He further submits that no apparent serious injury has been found on the person of the informant.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are agnates and both the petitioners are ladies, I am inclined to grant the petitioner privilege of anticipatory bail. This application is, accordingly, allowed.

Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Banka, in connection with Dhoraiya Police Case No. 72 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √

Patna High Court CR. MISC. No.86281 of 2019(2) dt.27-02-2020 3/3