Nilam Kumari @ Nilam Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7992 of 2019 Arising Out of PS. Case No.-213 Year-2018 Thana- SHAMBHUGANJ District- Banka ====================================================== 1.
Nilam Kumari @ Nilam Devi, (F), aged about 26 years, Wife of Goutam Kapri.
2.
Anju Devi (F), aged about 35 years, Wife of Prabhash Kapri. 3.
Manso Devi (F), age abou 35 years, Wife of Guddu Kapri. All are resident of Village Nijhari, P.S. Shambhuganj, Dist. Banka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Nandad Prasad For the Opposite Party/s :
Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13-02-2019 Learned counsel for the petitioners prays for and is allowed to make necessary correction in paragraph no.1 of the present application.
Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are apprehending their arrest in connection with Shambhuganj P.S. Case No. 213 of 2018 registered for offences under sections 341, 323, 325, 307, 354/34 of the Indian Penal Code.
As per allegation, the dispute arose on account of trenching of earth for the purpose of construction of drain. Both the parties have altercated and assaulted to each other, led to lodging of the present case.
Patna High Court Cr.Misc. No.7992 of 2019(3) dt.13-02-2019 2/2 Learned counsel for the petitioner submits that there is no specific allegation against the present petitioners rather general and omnibus allegation has been leveled against them.
Looking to the entire facts and circumstances of the case as also the petitioners being female, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, 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 Chief Judicial Magistrate, Banka in connection with Shambhuganj P.S. Case No. 213 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled.
(Shivaji Pandey, J) rishi/- U T