Malti Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11585 of 2019 Arising Out of PS. Case No.-701 Year-2018 Thana- BARACHATTI District- Gaya ====================================================== 1.

MALTI DEVI Wife of Kedar Paswan Resident of Village - Ghorsadih, P.S.- Barachatti, District- Gaya.

2.

Kedar Paswan Son of Late Mahabir Paswan Resident of Village- Ghorsadih, P.S.- Barachatti, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-02-2019 Heard both sides.

The petitioners apprehend their arrest in Barachatti P.S. case No. 701 of 2018 registered under Section 341, 323, 452, 354, 379/34 of the Indian Penal Code and u/s 3⁄4 of Dyne Act.

The informant alleged that on 07.10.2018 both the petitioners entered into her house and abused her by calling her witch and assaulted her with fists and slaps. The informant further alleged that again on 20.10.2018 petitioner No.2 along with two unknown persons came to her Darwaja and threatened the informant.

The submission is that on account of land dispute this

Patna High Court CR. MISC. No.11585 of 2019(2) dt.26-02-2019 2/2 case has been lodged. Title Suit No. 233 of 2017 is pending between Kedar Paswan, petitioner No.2, and Bagulwa Devi, informant, for resolving land dispute. It appears that first occurrence took place on 07.10.2018 but no information was given to police. The second occurrence took place on 20.10.2018 but the informant lodged the case on 23.10.2018. Considering the facts aforesaid and the nature of allegation made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order are 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 the learned Additional Chief Judicial Magistrate, Sherghati, Gaya in connection with Barachatti P.S. Case No. 701 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T