Usha Devi @ Ush Devi And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42845 of 2015 Arising Out of PS.Case No. -84 Year- 2014 Thana -CHANAN District- LAKHISARAI ======================================================

1. Usha Devi @ Ush Devi Wife of Ranjeet Yadav, Resident of Village - Jankidih, Beldariya.

2. Amol Modi, Son of Arjun Modi, Resident of Village - Janki Dih.

3. Lakhan Yadav, Son of Late Baldeo Yadav, Resident of Villae - Bhandar Matar Than.

4. Ramu Yadav, Son of Madan Yadav, Resident of Village - Jankidih, Negura, All P.S. - Chanan, District - Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Narsingh Tanti For the Opposite Party/s : Mr. Asha Kumari (App) ====================================================== CORAM: HON'BLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-11-2015 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant. Since prayer for grant of anticipatory bail on behalf of petitioner no. 3 Lakhan Yadav has already been withdrawn by order dated 18.09.2015, this application has been heard only on behalf of petitioner nos. 1, 2 and 4, namely, Usha Devi @ Ush Devi, Amol Modi and Ramu Yadav.

The petitioners apprehend arrest in a case registered for the offences punishable under sections 307 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.

The informant alleged that all the accused persons including the petitioners surrounded him. Ranjeet Yadav fired at the informant and the informant fell down. When his

Patna High Court Cr.Misc. No.42845 of 2015 (3) dt.10-11-2015 brother and others came to save him, Lakhan Yadav is alleged to have fired at the informant. There is no specific allegation of assault against Usha Devi and Ramu Yadav. Petitioner Amol Modi is said to have caught wife of the informant and made her naked.

It is submitted that there is counter version of the occurrence being Chanan P.S. Case No. 85 of 2014. There is land dispute between the parties on account of which there is case and counter case.

Considering the fact that there is no specific allegation against petitioner nos. 1, 2 and 4, namely, Usha Devi @ Ush Devi, Amol Modi and Ramu Yadav, they, in the event of arrest or surrender in the court below within four weeks from the date of receipt/production of a copy of this order, shall be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Lakhisarai in connection with Chanan P.S. Case No. 84 of 2015 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure, 1973.

(Prabhat Kumar Jha, J) Amin/- U