Partly allowed

Sugiya Devi v. The State of Bihar

Patna HC7 Nov 2023CR. MISC./72760/2023

Case brief

AI extract

What is this about?

This is an oral order on an application for anticipatory bail. The court refused bail to petitioner no. 3 due to specific allegations of assault but enlarged petitioners no. 1 and no. 2 on bail due to general allegations and gender, subject to bonds and conditions under Section 438(2) CrPC.

What did the court decide?

Anticipatory bail refused to petitioner no. 3; bail granted to petitioners no. 1 & 2 subject to surrender within six weeks, bonds of Rs. 10,000 and two sureties, and conditions of Section 438(2) CrPC.

Sugiya Devi Vs The State of Bihar — Cheating and Forgery | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.72760 of 2023

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Arising Out of PS. Case No.-119 Year-2023 Thana- DAUDPUR District- Saran

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======================================================

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1. Sugiya Devi W/o Chatugun Nut Resident of Village Daudpur Chatti, P.S. Daudpur, Distt-Saran at Chapra.

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Renu Nut W/o Muharam Nut Resident of Village Daudpur Chatti, P.S. Daudpur, Distt-Saran at Chapra.

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Muharam Nut S/o Chatugun Nut Resident of Village Daudpur Chatti, P.S. Daudpur, Distt-Saran at Chapra.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mrs.Rajani Kumari For the Opposite Party/s : Mr.Bharat Bhushan ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH

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ORAL ORDER

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2 07-11-2023 Heard learned counsel for the parties.

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The petitioners apprehend their arrest in a case

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registered for the offence under Sections 341, 323, 379, 324, 307, 504, 506, 34 of the Indian Penal Code.

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As per the prosecution case, on 31.03.2023 at about 5 PM, while the informant was grazing his cattle, in the meantime, all the accused persons including these petitioners armed with iron rod came and started abusing informant, upon objection, petitioner no. 3 Maharam Nut assaulted with Bhala on the forehead of informant. It is further alleged that petitioner no. 1 Sugiya Devi assaulted the informant with iron rod and

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Patna High Court CR. MISC. No.72760 of 2023(2) dt.07-11-2023 2/3

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petitioner no. 2 Renu Nut took out Rs. 3,000/- from pocket of informant and a silver chain.

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It is submitted on behalf of petitioners that though, there is allegation of overt act against these petitioners, but the injury report does not support the same.

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However, learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail.

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Considering the fact that there is specific allegation of assault against petitioner no. 3 Muharam Nut, his prayer for anticipatory bail of petitioner no. 3 is refused.

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So far as prayer for anticipatory bail of remaining petitioners i.e. petitioner no. 1 & 2, as named above, are concerned, since there is general and omnibus allegation against them and no specific allegation has been made against them coupled with the fact they are ladies, in the event of their arrest/surrender within a period of six weeks from today, he is directed to be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1^st Class, Saran at Chapra in connection with Daudpur P.S. Case No. 119 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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Patna High Court CR. MISC. No.72760 of 2023(2) dt.07-11-2023 3/3

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This application is, accordingly, disposed of.

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(Prabhat Kumar Singh, J)

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anay/-

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U T

Sugiya Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sugiya Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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