Tarachand Das @ Taranand Das And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34082 of 2015 Arising Out of PS.Case No. -41 Year- 2010 Thana -KARJAIN District- SUPAUL ======================================================

1. Tarachand Das @ Taranand Das Son of Bhgwani Das

2. Prabhawati Kumari Daughter of Bhgwani Das Both resident of village - Baurraha, Police Station - Kairjan, District - Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Rajendra Prasad Nat (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-08-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 147,148,149,341,323,324,326,307,379,504 and 506 of the Indian Penal Code.

The prosecution case is that petitioner no. 1 Tarachand Das assaulted Hareram Mehta by means of farsa whereas petitioner no. 2 Prabhawati Kumari assaulted Sumitra Devi.

It is submitted by the learned counsel for the petitioners that in the background of land dispute, the accusation

Patna High Court Cr.Misc. No.34082 of 2015 (2) dt.24-08-2015 2/2 has been levelled. The accusation of repeating the blow has not been alleged though the injury of Hareram Mehta has been found to be grievous but it has been found by the doctor to have been caused by hard and blunt substance when the accusation is of making assault with farsa. The accusation of assault levelled against petitioner no. 2 is not specific in the sense that she is not alleged to have assaulted with any weapon and the informant side were assaulted by other accused persons also. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

The aforesaid facts constitute ground for consideration of the prayer for regular bail of the petitioners by the learned court below in case the petitioners surrender within six weeks from today in connection with Karjain P.S. Case No. 41 of 2010 pending in the court of learned JM, Birpur, Supaul. This application is disposed of with the aforesaid observation/direction.

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