Sarita Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12500 of 2019 Arising Out of PS. Case No.-19 Year-2018 Thana- DHAMDAHA District- Purnia ====================================================== 1.

SARITA DEVI, Wife of Ramesh Mahto 2.

Mamta Kumari, D/o Aman Mahto 3.

Rekha Devi, Wife of Aman Mahto 4.

Sita Devi, Wife of Suman Mahto All are Residents of Village - Damgarha, P.S.- Dhamdaha, Distt.- Purnia. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 05-03-2019 Heard learned counsel for the petitioners and learned APP representing the State.

Petitioners, in the present case, are lady members of the family of the accused who are seeking anticipatory bail in connection with Dhamdaha P.S. Case No. 19 of 2018 registered for the offences punishable under Sections 341, 342, 323, 324, 307 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners' family and the informant's family are co-sharers and they are having land dispute in connection of which the parties are fighting. Learned counsel submits that for the said reason while lodging the FIR the entire family members including lady members of the family have been made accused without attributing any specific allegation against them. It is submitted that so far as these

Patna High Court CR. MISC. No.12500 of 2019(2) dt.05-03-2019 2/2 petitioners are concerned, no allegation of committing any overt act against them.

Learned APP for the State is present and has opposed the prayer for anticipatory bail, but on records it is found that there is no specific allegation of assault committed by these petitioners. In the given facts and circumstances of the case considering that the petitioners are ladies and there are no specific allegations of assault attributed to them, in case of arrest or surrender of the petitioners within a period of four weeks from today, the abovenamed petitioners shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) each with two sureties of the like amount each to the satisfication of the learned C.J.M., Purnea in connection with Dhamdaha P.S. Case No. 19 of 2018, subject to the condition that petitioners shall join the investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C.

(Rajeev Ranjan Prasad, J) arvind/- U T