Allowed

Sharda Devi v. The State of Bihar

Patna HC24 Jul 2024CR. MISC./44348/2024

Case brief

AI extract

What is this about?

Petitioners sought pre-arrest bail in a case of assault with daab and farsa arising from a land dispute. Noting the absence of sharp cut injuries, no specific allegation against petitioner no.2, simple nature of informant's injuries, and that petitioner no.1 is a lady, the Court granted anticipatory bail subject to conditions.

What did the court decide?

Anticipatory bail: petitioners to be released on bail on furnishing bonds of Rs.10,000 each with two sureties, if arrested or surrendered within eight weeks, subject to Section 438(2) CrPC conditions.

Sharda Devi Vs The State of Bihar — Quashing and FIR | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44348 of 2024

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Arising Out of PS. Case No.-64 Year-2020 Thana- GAUTAMBUDHNAGAR District- Siwan

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

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Sharda Devi Wife of Sada Mahto Resident of Village - Bajarahiya, P.S. - G.B. Nagar, District - Siwan

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Bhushan Mahto @ Bhushan Kumar Son of Sada Mahto Resident of Village - Bajarahiya, P.S. - G.B. Nagar, District - Siwan

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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2 24-07-2024 Heard learned counsel for the petitioners and

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learned APP for the State.

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In the present case, the petitioners are apprehending their arrest in connection with G.B. Nagar P.S. Case No.64 of 2020, registered on 12.03.2020 for the offences under Sections 147, 149, 323, 325, 307, 504 and 506 of the Indian Penal Code.

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As per prosecution case, the petitioners and other co-accused persons assaulted the informant and his son with Daab and Farsa causing injuries to them.

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Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case due to

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Patna High Court CR. MISC. No.44348 of 2024(2) dt.24-07-2024 2/3

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land dispute between the parties. The allegation against the petitioner Sharda Devi is that of giving Daab blow on the head of the son of the informant but no sharp cut injury was found on the head of the son of the informant and his injury is stated to be swelling over scalp and abrasion on left shoulder, though, opinion has been reserved about nature of injury. There is no specific allegation against the petitioner, Bhushan Mahto and the injuries of the informant are stated to be simple caused by hard blunt object. Learned counsel further submits that in the facts of the F.I.R. no offence under Section 307 of IPC is made out against the petitioners who are having clean antecedent.

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Learned APP opposes the submission made on behalf of the petitioners.

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Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that petitioner no.1 is lady and the injury report does not show any sharp cut injury for which allegation is against the petitioner no.1 and further considering the fact that there is no specific allegation against the petitioner no. 2 and also considering the simple nature of injuries of the informant, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from

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Patna High Court CR. MISC. No.44348 of 2024(2) dt.24-07-2024 3/3

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today, be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan/concerned court in connection with G.B. Nagar P.S. Case No. 64 of 2020, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions :

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(i) One of the bailors will be a close relative of the petitioners.

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(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

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(Arun Kumar Jha, J)

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DKS/Durgesh

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U T

Sharda Devi v. The State of Bihar

Case brief

What is this about?

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Sharda Devi v. The State of Bihar

Case brief

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