Geeta Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36300 of 2015 Arising Out of PS.Case No. -119 Year- 2014 Thana -KOTWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Geeta Devi w/o Uday Yadav

2. Sheo Kumari Devi w/o Tufani Yadav null

3. Tufani Yadav s/o Narayan Yadav

4. Narayan Yadav s/o Late Nathuni Yadav All r/o vill Rajapur Ahirauliya P.S. Kotwa Dist East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Abhay Kr.Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-09-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,323,324,307,504 and 379 of the Indian Penal Code. It is alleged that the accused persons including the petitioners came and started assaulting the informant. Specific accusation of making assault on the head with farsa is against co accused Vijay yadav who is not petitioner before this court. It is alleged against petitioner Geeta Devi that she snatched nose pin and twenty thousand rupees from the wife of the informant. Injury has been received by Savita Devi and Anshu Kumari.

Patna High Court Cr.Misc. No.36300 of 2015 (2) dt.08-09-2015 2/2 It is submitted by the learned counsel for the petitioners that only specific accusation of assault has been levelled against non petitioner Vijay Yadav. Petitioners are agnates of the informant and in the background of land dispute the accusation has been levelled. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. More over, for the occurrence of 19.6.2014 the FIR has been registered on 24.6.2014.

Considering the delayed lodging of the case and the accusation of assault not being specific against the petitioners, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Motihari, East Champaran in connection with Kotwa P.S. Case No. 119 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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