Jaleshwari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18501 of 2019 Arising Out of PS. Case No.-267 Year-2018 Thana- BASOPATTI District- Madhubani ====================================================== 1.

Jaleshwari Devi, aged 65 years, Female, Wife of Late Faru Paswan, Resident of Village - Biratpur, P.S.- Basopatti, Distt.- Madhubani. 2.

Achche Paswan, aged about 60 years, Male, Son of late Mushar Paswan Resident of Village - Biratpur, P.S.- Basopatti, Distt.- Madhubani. 3.

Jagdish Paswan, aged about 33 years, Male, Son of Late Gogni Paswan Resident of Village - Biratpur, P.S.- Basopatti, Distt.- Madhubani. 4.

Satya Narayan Paswan, aged about 50 years, Male, Son of Lakshmi Paswan Resident of Village - Biratpur, P.S.- Basopatti, Distt.- Madhubani. 5.

Ram Kumari Devi, aged 45 years, Female, Wife of Satya Narayan Paswan Resident of Village - Biratpur, P.S.- Basopatti, Distt.- Madhubani. 6.

Sabita Devi, aged 35 years, Wife of Jagdish Paswan Resident of Village - Biratpur, P.S.- Basopatti, Distt.- Madhubani. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Shailendra Kumar Jha, Advocate.

For the Opposite Party :

Mr.Uday Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-04-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 147, 341, 323, 324, 307, 354(A), 379, 427 and 504 of the IPC.

The prosecution story, in brief, is that on 09.11.2018 at about 6 P.M. the informant was on own door. Petitioners came and assaulted, abused and snatched silver Hansuli from the neck

Patna High Court CR. MISC. No.18501 of 2019(2) dt.02-04-2019 2/3 of informant's wife. Moulinder Paswan assaulted with Farsa on the head of informant. Randhir Paswan assaulted with Iron rod to the informant. Moulindra Paswan and Randhir Paswan pulled the Sari of the informant's wife due to that she became naked. They entered into his house and looted the house hold article and money etc., and destroyed many thing in his house. On hulla, villagers assembled thereafter accused persons fled away. Villagers taken to him Hospital where treatment was done. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is case and counter case between the parties. Both sides are said to have sustained injuries. Injury on the accused side has not been explained by the prosecution.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks

Patna High Court CR. MISC. No.18501 of 2019(2) dt.02-04-2019 3/3 from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Vth, Madhubani or any other transferring court, in connection with Basopatti P.S. Case No. 267/2018 (C.R.I. Case No. 2301/2018), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T