Devanti Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15737 of 2016 Arising Out of PS.Case No. -318 Year- 2015 Thana -HUSAINGANJ District- SIWAN ======================================================
1. Devanti Devi Wife of Sri Rajendra Prasad
2. Rajendra Prasad Son of Late Ram Subhag Prasad
3. Deepak KUmar Son of Sri Rajendar Prasad All R/o Village Bindwal Tola, P.S. Hussainganj, District Siwan .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Shambhu Prasad Yadav, Advocate For the Opposite Party/s : Mr. Yogendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Hussainganj P.S. Case No.318 of 2015 for the offences instituted under Sections 341, 323, 325 and 308/34 of the Indian Penal Code.
The prosecution case, in brief, is that on 23.11.2015 at about 8 A.M., the informant along with her family members have busy for daily house working. In the meantime, her husband's full brother namely Rajendra Prasad along with his wife namely Devanti Devi, his son namely Deepak Kumar and daughters namely Jyoti Kumari and Rambha Kumari came there and claimed right and title over disputed land which was not
Patna High Court Cr.Misc. No.15737 of 2016 (2) dt.16-05-2016 2/2 partition between parties. The informant and her family members have protested them. All accused persons assaulted them to the husband and son of the informant by means of Lathi, Danda, Rod (Hariya), Daab, peace of bricks and country made pistol. In the meantime, her husband and son unconscious.
It is submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. It is a case and counter case between the parties. Petitioners and informant are close relation. For petty reason, an altercation had taken place. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of C.J.M., Siwan, in connection with Hussainganj P.S. Case No.318 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) N.H./- U T