Patna High CourtCR. MISC./33514/2015disposed

Tuntun Kuer And ANR. v. The State Of Bihar

2015-08-28Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33514 of 2015 Arising Out of PS.Case No. -430 Year- 2014 Thana -MINAPUR District- MUZAFFARPUR ======================================================

1. Tuntun Kuer S/O late Balmiki Kuer.

2. Suresh Kuer S/O late Balmiki Kuer. All resident of Village- Bhatauliya, P.S.- Meenapur, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sandesh Roy For the Opposite Party/s : Mr. Prem Kumar Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-08-2015 Heard learned counsels for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 380, 452, 354, 34 of the Indian Penal Code. It is alleged that accused persons came to the house of the informant and started abusing the informant. On protest being made, petitioner No. 1 assaulted the informant with sword on her head. On raising alarm by the informant when her husband and daughter came to rescue they were also assaulted by petitioners, co-accused Kunal Kumar and Shambhu Kumar with farsa. It is further alleged that coaccused Guria Devi and Manika Devi took away box containing ornaments of Rs. 48,000/-. They also took away clothes and utensils worth Rs. 13,000/-.

Patna High Court Cr.Misc. No.33514 of 2015 (2) dt.28-08-2015 2/2 It is submitted by learned counsel for the petitioners that accusation is omnibus and general and the injuries of the informant and her husband have been found to be simple in nature. Moreover for the occurrence of 11.09.2014 the First Information Report was registered on 25.10.2014 though complaint was filed on 12.09.2014.

A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. The aforesaid facts constitute ground for consideration of prayer for regular bail, if the petitioners surrender within a period of six weeks in connection with Meenapur P.S. Case No. 430 of 2014, pending in the Court of learned Chief Judicial Magistrate, Muzaffarpur. Accordingly the application is disposed of.

(Dinesh Kumar Singh, J) Shageer/- U T