Allowed

Nilam Devi v. The State of Bihar

Patna HC4 Sept 2024CR. MISC./56695/2024

Case brief

AI extract

What is this about?

Anticipatory bail application under Section 438 CrPC in a Section 307 IPC case arising from a land dispute assault. Allegations against the applicants were general and omnibus, with the direct allegation against a co-accused. Bail granted subject to conditions.

What did the court decide?

Petitioners to be released on bail on Rs.10,000 bond each with two like sureties upon arrest/surrender within six weeks, subject to Section 438(2) CrPC conditions.

Nilam 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.56695 of 2024

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Arising Out of PS. Case No.-332 Year-2024 Thana- MAHUA District- Vaishali

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

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Nilam Devi Wife Of Baliram Sahni @ Baliram Sahani Village- Mahuwa, Paharpur, Ps- Vaishali, Dist- Vaishali

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Binod Sahani @ Binod Sahni Son Of Jaglal Sahani Village- Mahuwa, Paharpur, Ps- Vaishali, Dist- Vaishali

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Gautam Kumar Son Of Binod Sahani @ Binod Sahni Village- Mahuwa, Paharpur, Ps- Vaishali, Dist- Vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms.Rupa Kumari, Advocate For the Opposite Party/s : Mr.Ajay Kumar Jha, APP

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

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

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ORAL ORDER

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2 04-09-2024 1. Heard learned Counsel for the petitioners and learned APP for the State.

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This application, for grant of anticipatory bail, arises out of Mahua PS case no. 332 of 2024, disclosing offences punishable under Section 307 and other allied sections of the Indian Penal Code.

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The prosecution story, as per the First Information Report, is that on 06.05.2024 in the morning, while the informant was making tea, due to previous land dispute, accused persons entered the house of the informant being armed with lathi, danda, garasa etc. Co-accused Baliram Sahni assaulted the

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Patna High Court CR. MISC. No.56695 of 2024(2) dt.04-09-2024 2/3

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informant by means of garasa on her head, due to which, she sustained injury on the face. Thereafter, all accused persons including the petitioners assaulted the informant by legs, fists, slaps etc.

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Learned Counsel for the petitioners submits that the allegation against the petitioners is general and omnibus in nature. Learned counsel further submits that the previous land dispute is admitted in the F.I.R. and for an occurrence, which has taken place on the same day, a case has been lodged bearing Mahua PS case no. 313 of 2024 by the husband of petitioner no. 1 against the informant and others, however that case is prior in time to the present F.I.R.

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Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that allegation against the petitioners is general and omnibus and the direct allegation is against accused Baliram Sahni, there is previous land dispute between the parties and the case lodged by the side of the petitioner is prior in time to the present F.I.R., I am inclined to grant the privilege of anticipatory bail to the petitioners.

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This application is, accordingly, allowed.

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Let petitioners, abovenamed, in the event of their

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Patna High Court CR. MISC. No.56695 of 2024(2) dt.04-09-2024 3/3

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arrest or surrender before the Court below within six weeks, be released 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 learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua PS case no. 332 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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(Anil Kumar Sinha, J)

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rinkee/-

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U T

Nilam Devi v. The State of Bihar

Case brief

What is this about?

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Nilam Devi v. The State of Bihar

Case brief

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