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2025 DAILYLAW 89853 (PAT)

Sita Devi v. The State of Bihar

CR. MISC./89405/2024 · 2025-01-29

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89405 of 2024 Arising Out of PS. Case No.-117 Year-2024 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== 1. Sita Devi W/o- Bhalo Yadav @ Bhalra Yadav @ Balmiki Yadav Vill- Husaina Ps- Medani Chowki Dist- Lakhisarai 2. Bhalo Yadav @ Bhalra Yadav @ Balmiki Yadav S/o- Bishundeo Yadav Vill- Husaina Ps- Medani Chowki Dist- Lakhisarai 3. Suman Yadav @ Suman Kumar S/o- Bhalo Yadav @ Bhalra Yadav @ Balmiki Yadav Vill- Husaina Ps- Medani Chowki Dist- Lakhisarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s : Mr. Md. Fahimuddin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 29-01-2025 At the outset, learned counsel for the petitioners seeks permission to withdraw the anticipatory bail application with regard to petitioner No. 3. 2. Permission is granted. 3. The anticipatory bail application with regard to petitioner No. 3, namely, Suman Yadav @ Suman Kumar is, accordingly, dismissed as withdrawn. 4. Heard learned counsel for the petitioners and the State. 5. Petitioner Nos. 1 & 2 apprehend arrest in a case registered for the offences punishable under Sections 147, 148, Patna High Court CR. MISC. No.89405 of 2024(2) dt.29-01-2025 2/3 149, 341, 307 323, 385, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act. 6. As per prosecution case, on the alleged date and time of occurrence, some guests had arrived at the house of informant and during that period, these petitioners and other accused persons entered the house of informant started abusing them. When informant objected, then all the accused persons made firing and demanded rangdari and threatened informant with dire consequences. 7. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. In fact, informant is own bhabhi of petitioner No. 2 and gotni of petitioner No. 1. He further submits that petitioners have falsely been implicated in this case due to on-going partition dispute between the parties. F.I.R. has been lodged after inordinate delay of three days and there is no injury report on record. Petitioners claim clean antecedent. 8. Learned A.P.P. for the State vehemently opposed the bail application. 9. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner Nos. 1 & 2 in the event of their Patna High Court CR. MISC. No.89405 of 2024(2) dt.29-01-2025 3/3 arrest/surrender before the court below within a period of eight weeks from today, be enlarged 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 Judicial Magistrate, 1st Class, Lakhisarai in connection with Medini Chowki P. S. Case No. 117 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. Navya/- (Prabhat Kumar Singh, J) U T