Kaushalaya Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6045 of 2017 Arising Out of PS.Case No. -97 Year- 2015 Thana -ANDHRATHARI District- MADHUBANI ======================================================

1. Kaushalaya Devi Wife of Puran Chaupal

2. Ram Pukar Chaupal @ Ram Kumar Mandal Son of Late Muni Lal Mandal Both are Resident of Village-Mainee, P.S. Andhratharhi District Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Jha For the Opposite Party/s : Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-02-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Andharatharhi P.S. Case No. 97 of 2015 instituted for the offence under Section(s) 341, 323, 324, 447, 307, 504, 34 of the Indian Penal Code.

It has been submitted that informant is the full brother of husband of petitioner No. 1. There is land dispute between the parties. Counter case has also been filed by the husband of petitioner No. 1 being Andharathari P.S. Case No. 98 of 2015.

From the written report, it appears that

Patna High Court Cr.Misc. No.6045 of 2017 (2) dt.20-02-2017 2/2 petitioner No. 2 is the order giver and petitioner No. 1 along with co-accused Pintu Chaupal are alleged to have assaulted with stick on the head and hand of the informant.

The injury report of the informant has been brought on record as Annexure-2 which reflects that there is no repetition of the blow and there is no injury on the vital part of the body of the informant.

In the facts and circumstances of the case, the prayer of the petitioners for anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Andharatharhi P.S. Case No. 97 of 2015, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jhanjharpur, Madhubani, subject to the conditions as laid down under Section 438(2) of Cr.P.C. (Sanjay Priya, J) Shageer/- U T