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Patna High CourtCR. MISC./38166/2015bail granted

Sushila Gupta @ Shila Gupta @ Sheela Gupta And ANR v. The State Of Bihar

2015-09-18Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38166 of 2015 Arising Out of PS.Case No. -1 Year- 2015 Thana -SC/ST District- KATIHAR ======================================================

1. Sushila Gupta @ Shila Gupta @ Sheela Gupta wife of Sushil Gupta

2. Sonu kumar@Rabi Prakash Son of Sushil Gupta Both resident of Village- Raghunathpur, Police Station - Barsoi, District Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Santosh Kumar Verma For the Opposite Party/s : Mr. Ram Shankar Das(Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 18-09-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 354, 379, 504/34 of the Indian Penal Cod and 3(1)(v) of SC/ST (Prevention of Atrocities) Act. The prosecution case is that the petitioners and other accused persons came variously armed, abused by calling caste name and assaulted the informant, when the informant came to his house then the accused persons also came and assaulted the wife of the informant and petitioner Sushila Devi snatched gold chain from the wife of the informant worth Rs.45,000/- and co-accused Ashish Das took out Rs.24,000/-

Patna High Court Cr.Misc. No.38166 of 2015 (2) dt.18-09-2015 2/2 from the box.

It is submitted by learned counsel for the petitioners that in the background of land dispute the accusation has been levelled. The FIR reflects the description of the land upon which the informant claimed possession. A proceeding under Section 144 Cr.P.C. was initiated at earlier point of time due to dispute between the parties and for the occurrence of 04.01.2015 the FIR was registered on 06.01.2015. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Katihar in connection with Katihar (SC/ST) P.S. Case No. 01 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T