Gaytri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2989 of 2022 Arising Out of PS. Case No.-98 Year-2021 Thana- TARIYANI CHAPRA PS DistrictSheohar ====================================================== 1.

Gaytri Devi W/o Lalan Ray Resident of Village- Ganga Dharampur, P.S.- Tariyani Chhapara, District- Sheohar.

2.

Brajesh Kumar S/o Lalan Ray Resident of Village- Ganga Dharampur, P.S.- Tariyani Chhapara, District- Sheohar.

3.

Dilip Kumar S/o Ram Swarth Ray Resident of Village- Ganga Dharampur, P.S.- Tariyani Chhapara, District- Sheohar.

4.

Santosh Kumar S/o Ram Swarth Ray Resident of Village- Ganga Dharampur, P.S.- Tariyani Chhapara, District- Sheohar. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mahendra Thakur, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-04-2022 For the reason of the marriage of the daughter of the petitioner no.1 having been scheduled for 15th of April, 2022, this case has been given a priority hearing.

With respect to other petitioners, it has been submitted that they are relatives of the petitioner no.1 and their presence would be required in the marriage as the husband of the petitioner no.1 is in custody in connection with this case. The petitioners seek bail in anticipation of their arrest in connection with Tariyani Chhapara P.S. Case No. 98 of 2021 dated 19.11.2021 instituted for the offences under Sections 341,

Patna High Court CR. MISC. No.2989 of 2022(2) dt.12-04-2022 2/3 323, 324, 448, 307, 504, 506, 379/34 of the Indian Penal Code. The Informant and his son are said to have been assaulted by co-accused Ram Swarath Ray and Lalan Ray, who is the husband of the petitioner no.1.

So far as petitioner no.2 is concerned, he is said to have specifically assaulted the son of the Informant on his shoulder but he has received injury which can only be attributable to the assault made by Ram Swarath Ray and not the petitioner no.2.

The son of the Informant has not received any injury on his shoulder.

So far as petitioner nos. 1, 3 & 4 are concerned, they are only said to have used fist and slaps on the members of the prosecution party.

Considering the nature of accusation against the petitioners and the fact that the parties are neighbors and agnates and there is a dispute with respect to partition of the ancestral property, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with

Patna High Court CR. MISC. No.2989 of 2022(2) dt.12-04-2022 3/3 two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheohar in connection with Tariyani Chhapara P.S. Case No. 98 of 2021, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) rishi/- U T