Tara Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18254 of 2019 Arising Out of PS. Case No.-137 Year-2018 Thana- NAUTAN District- West Champaran ====================================================== 1.

TARA DEVI, aged about 39 years, Female, Wife of Nathuni Ram R/o village- Muratiya, P.S.- Nautan, District- West Champaran at Bettiah 2.

Nathuni Ram, aged about 41 years, Male, Son of Late Mohan Ram R/o village- Muratiya, P.S.- Nautan, District- West Champaran at Bettiah ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-04-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are seeking anticipatory bail in connection with Nautan (Jagdishpur) P.S. Case No. 137 of 2018 registered under Sections 341, 323, 353, 354B, 379, 504, 506/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that as per allegations the informant who was working as Anganwari Sewika along with petitioner no. 1 who is a Sahaika at the same Centre used to have some dispute. On the alleged date of occurrence, it is stated that this petitioner along with her husband and son arrived at the Centre, abused the informant, petitioner no. 2 was in a drunken condition whereas the son of

Patna High Court CR. MISC. No.18254 of 2019(2) dt.02-04-2019 2/3 the petitioner no. 1 had torn the register and has assaulted the informant. It is alleged that petitioner no. 2 had torn her blouse and snatched the golden chain and ear rings. Learned counsel submits that there is a case and counter case. It is stated that one F.I.R. being Nautan (Jagdishpur) P.S. Case No. 138/2018 has been registered on the same day by petitioner no. 1 against the informant of the present case and her husband Arun Kumar who had allegedly assaulted the petitioner no. 1 in this case by means of dagger and she has been somehow saved by the nearby people and has been taken to M.J.K. Hospital, Bettiah. Submission is that it is a case of false implication due to petty disputes.

After hearing learned counsel for the petitioners and on perusal of the records, taking note of the submissions hereinabove, this court directs that in the event of their arrest/surrender before the court below within a period of four weeks, the above-named petitioners be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - VIth, West Champaran, Bettiah, in connection with Nautan (Jagdishpur) P.S. Case No. 137 of 2018, subject to condition that

Patna High Court CR. MISC. No.18254 of 2019(2) dt.02-04-2019 3/3 petitioner no. 2 shall present himself before the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation. The Investigating officer shall be at liberty to interrogate petitioner no. 1 at her place. This will be in addition to condition prescribed under Section 438(2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Rajeev/- U T