Radha Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57624 of 2017 Arising Out of PS.Case No. -485 Year- 2016 Thana -KHAGARIA District- KHAGARIA ======================================================
1. Radha Devi W/o late Mahindra Sah @ Mahendra Sah
2. Mamta Devi W/o Kundan Sah Both are Resident of Village- Busmari Bishanpur, P.S. Muffasil, District- Khagaria. .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-12-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Khagaria (Muffasil) P.S. Case no. 485 of 2016, registered under Sections 341 and 323/34 of the Indian Penal Code. The accusation is that while informant Vivekanand Kumar was removing the small plants growing on the Chhaja of his house. At that time, his sister-in-law Radha Devi (Petitioner No.1) came there and made protest. In the meantime, Kundan Sah and Chunu Sah came and also made protest and caused injury through spade at the back of the informant. At that time, Mamta Devi, Petitioner No.2 started pelting stone and caused injury at the back of the informant. Learned counsel for the petitioners submits that due to
Patna High Court Cr.Misc. No.57624 of 2017 (2) dt.15-12-2017 2/2 family dispute, informant, who is also the Gotia of the petitioners have lodged this case with false allegation. There is specific allegation of causing assault to informant by Kundan Sah and not against the petitioners.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in connection with Khagaria (Muffasil) P.S. Case No. 485 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T