The High Court of Patna granted anticipatory bail to two female petitioners facing charges of attempted murder and assault in connection with a land dispute. Bail was conditional upon arrest or surrender within six weeks.
Anticipatory Bail granted upon arrest/surrender within six weeks, subject to bonds of Rs. 20,000 each with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No 22369 of 2023
Arising Out of PS. Case No.-475 Year-2022 Thana- TURKAULIYA District- East
Champaran
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... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr Anshu Dhar Sharma, Advocate For the Opposite Party/s : Mr Nirmal Kumar Sinha, APP
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CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 24-06-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor (for brevity, APP ) appearing for the State of Bihar.
The petitioners are apprehending their arrest in connection with Turkauliya (Banjariya) Police Station (for brevity, PS ) Case No 475 of 2022 dated 25.05.2022 registered for the offences punishable under Sections 341, 323, 324, 307/34 of Indian Penal Code.
As per the prosecution case, all the FIR named accused persons holding knives entered the cattle-shed room (Gauwash) of the informant and the co-accused Prabhu Mahto
Patna High Court CR. MISC. No.22369 of 2023(2) dt.24-06-2023 2/3
slitted the informant’s throat with the knife while the informant was sleeping on account of land dispute.
Learned counsel for the petitioners has submitted that the petitioner No 2 is not named in the FIR. During course of investigation, the name of petitioner No 2 has surfaced as Anita Devi. There is land dispute between the parties and the petitioners have got no criminal antecedent. There is general and omnibus allegation against the petitioners of keeping knives in their hands. The petitioners are ladies who are only the members of the mob. There is no overt act alleged against them. The specific allegation of inflicting blows of knife is against the co-accused Prabhu Mahto.
Learned APP appearing for the State of Bihar has vehemently opposed the prayer for anticipatory bail of the petitioners.
Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioners who are ladies, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on each of them furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Chief
Patna High Court CR. MISC. No.22369 of 2023(2) dt.24-06-2023 3/3
Judicial Magistrate, Motihari, East Champaran in Turkauliya (Banjariya) PS Case No 475 of 2022, subject to all conditions as laid down under Section 438 (2) of Criminal Procedure Code.
(Chandra Prakash Singh, J)
M.E.H. /-
U T
1 issue framed by the court
Whether to grant anticipatory bail to the petitioners on the specified conditions while in arrest or upon surrender.
2 provisions across 2 enactments
Asha Devi
Anita Devi
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
