Jonhiya Devi @ Jonihiya Devi @ Janhiya Devi @ Joniya Devi @ Joniha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 13275 of 2020 Arising Out of PS. Case No.-95 Year-2019 Thana- SIMRA District- West Champaran ====================================================== 1.

Jonhiya Devi @ Jonihiya Devi @ Janhiya Devi @ Joniya Devi @ Joniha Devi Wife of Mohan Sharma @ Mohand Sharama Resident of Village - Chiutaha Tand Tola, P.S.- Semra (Chiutaha), District - West Champaran (Bettiah).

2.

Mohan Sharma @ Mohand Sharama Son of Late Vilar Sharma @ Bilar Sharma Resident of Village - Chiutaha Tand Tola, P.S.- Semra (Chiutaha), District - West Champaran (Bettiah).

3.

Praduman Sharma @ Pradumanm Sharma Son of Late Sitaram Sharma Resident of Village - Chiutaha Tand Tola, P.S.- Semra (Chiutaha), District - West Champaran (Bettiah).

4.

Dharmendra Sharma @ Dhramendra Sharma @ Dharmendra Kr. Sharma Son of Praduman Sharma @ Pradumanm Sharma Resident of Village - Chiutaha Tand Tola, P.S.- Semra (Chiutaha), District - West Champaran (Bettiah).

5.

Sahdev Sharma Son of Late Bigan Sharma Resident of Village - Lagunaha, P.S.- Chautarwa, District - West Champaran (Bettiah). 6.

Manbhawati Devi Wife of Sahdeo Sharma Resident of Village - Lagunaha, P.S.- Chautarwa, District - West Champaran (Bettiah). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

05-03-2020 At the very outset, it was submitted by learned counsel for the petitioners that during pendency of this petition, petitioner no. 2 namely Mohan Sharma @ Mohand Sharama has already been arrested and as such, he seeks permission to withdraw this anticipatory bail petition, so far as petitioner no. 2 is concerned.

Patna High Court CR. MISC. No.13275 of 2020(2) dt.05-03-2020 2/3 Permission granted. The anticipatory bail petition, so far as petitioner no. 2 Mohan Sharma @ Mohand Sharama is concerned, stands dismissed as withdrawn.

The remaining petitioners i.e. petitioner nos. 1, 3, 4, 5 & 6 apprehend their arrest in Semra (Chiutaha) P.S. Case No. 95 of 2019 registered for the offence under Section 307 & other allied sections of the Indian Penal Code.

It is submitted on behalf of petitioners that there is case and counter case in between the parties, in which, both sides sustained injuries. Specific allegation of assault is against co-accused Mohan Sharma @ Mohand Sharama. So far as petitioners are concerned, there is no specific allegation. It is further submitted that injuries sustained by the informant and others have been found to be simple in nature by the doctor. Petitioners have no criminal antecedent.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of their arrest/surrender within a period of six weeks from today, let the above named petitioners i.e. petitioner nos. 1, 3, 4, 5 & 6 be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Ist Class, Bagaha,

Patna High Court CR. MISC. No.13275 of 2020(2) dt.05-03-2020 3/3 West Champaran in connection with Semra (Chiutaha) P.S. Case No. 95 of 2019, subject to condition, as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J.) anay U T