Lalita Devi @ Maya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17965 of 2019 Arising Out of PS. Case No.-196 Year-2018 Thana- DHURAIYA District- Banka ====================================================== 1.
Lalita Devi @ Maya Devi, aged about 54 Years (Female), Wife of Bishun Das, Resident of Village-Batsar (Bazar), P.S-Dhoraiya, District-Banka. 2.
Khakhari Devi @ Dila Devi, aged about 57 Years (Female), Wife of Kishun Ravidas @ Kishun Das, Resident of Village-Batsar (Bazar), P.S-Dhoraiya, District-Banka.
3.
Kanchan Devi, aged about 30 Years (Female), Wife of Jichho Das, Resident of Village-Batsar (Bazar), P.S-Dhoraiya, District-Banka. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr.Manoj Kumar Jha, Advocate.
For the Opposite Party :
Mr.Nawal Kishore Prasad, 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, 307, 379, 504,506 of the IPC and 3⁄4 of Dian Act.
The prosecution story, in brief, is that on the date and time of occurrence, accused persons abused to informant and assaulted with Lathi and Danda. Jichchhu Das assaulted on the head of informant. Ghutar Das @ Santosh Das with intent to kill assaulted on his head with Iron Musal. When the wife of informant came to save, Kanchan Devi and Lalita Devi
Patna High Court CR. MISC. No.17965 of 2019(2) dt.02-04-2019 2/3 assaulted to his life. Lalita Devi took a silver chain from his wife.
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. Free fight is alleged to have taken place between the parties. Nature of injury is said to be simple. No offence under Section 307 of the IPC is made out. Rests of the offences are triable by the Magistrate.
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 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 J.M. Ist Class, Banka, in connection with Dhoraiya P.S. Case No. 196 of 2018, subject to the conditions as laid down under Section
Patna High Court CR. MISC. No.17965 of 2019(2) dt.02-04-2019 3/3 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) U.K./- U T