Prabhawati Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54358 of 2018 Arising Out of PS.Case No. -152 Year- 2018 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Prabhawati Devi W/o Harishankar Yadav

2. Ruplata Devi W/o Santosh Yadav

3. Rajala Devi W/o Arjun Yadav, All are resident of Village- Parsa, P.S. Majhaulia, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-09-2018 Heard the parties.

The petitioners seek pre-arrest bail in Majhaulia P.S.Case No.152 of 2018 registered for the offences under Sections 147, 341, 323, 324, 307 and 379 of the I.P.C. Accusation is that in the morning of 29.04.2018 the petitioners and others were constructing the pucca house in front of the house of the informant Jagdeo Yadav and when he made protest co-accused Santosh Yadav gave him farsa blow causing injury on his head and when he raised alarm his younger brother Chhotelal Yadav and his wife Rita Devi rushed to save the informant upon which co-accused Harishankar Yadav assaulted

Patna High Court Cr.Misc. No.54358 of 2018 (2) dt.28-09-2018 2/2 Chhotelal Yadav by axe causing injury on his head and petitioners Ruplata Devi and Rajala Devi assaulted Rita Devi with lathi causing her injury and in course of which co-accused Harishankar Yadav took out mobile and Rs.27000/- from the pocket of the informant.

Submission of the learned counsel for the petitioners is that, there is case and counter case and the persons from both sides sustained injuries which are said to be simple in nature. Learned A.P.P. also opposed the prayer for anticipatory bail of the petitioners.

Considering the facts and circumstances of the case, stated above, let the petitioners, in the event of their arrest or surrender before the learned court below within six weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of C.J.M., Bettiah, West Champaran, in Majhaulia P.S. Case No.152/18 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) AnilKrSinha/- U