Lovely Kumari And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40640 of 2015 Arising Out of PS.Case No. -1670 Year- 2014 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ======================================================

1. Lovely Kumari D/o Abhay Kumar Jha

2. Priyanka Kumari D/o Abhay Kumar Jha

3. Babul Kumar Jha S/o Abhay Kumar Jha

4. Punam Devi W/o Abhay Kumar Jha All are residents of village - Sihaul (Purab Tola), P.S. - Bihra, Distt. Saharsa (Bihar).

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Vikas Chandra Jha Son of late Chandra Shekhar Jha R/o Chankyapuri Ganjala, Ward No. 19, P.S. + Distt. Saharsa.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Karuna Kant Jha For the Opposite Party/s : Mr. Sanjay Kumar Tiwary-1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 01-10-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences

Patna High Court Cr.Misc. No.40640 of 2015 (2) dt.01-10-2015 2/3 punishable under Sections 323, 379 and 504 of the Indian Penal Code.

The prosecution case is that the complainant is a practicing lawyer in Civil Court, Saharsa and used to appear in land dispute case No. 189 of 2013, hence, he was abused, assaulted and his five thousand rupees was snatched.

It is submitted by learned counsel for the petitioners that for the occurrence of 27.10.2014 the complaint was filed on 01.11.2014. Petitioners being the sister-in-law (Sali), brother-in-law (Sala) and mother-in-law respectively of the complainant have been implicated due to petty dispute. Moreover, petitioner no. 4 earlier lodged Bihra P.S. Case No. 118 of 2012 against the complainant making accusation under Sections 341, 323, 308, 379, 504 and 506/34 of the Indian Penal Code.

Considering the delayed lodging of the complaint, relationship between the petitioners and the complainant and the case lodged by the petitioners' side at earlier point of time, 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

Patna High Court Cr.Misc. No.40640 of 2015 (2) dt.01-10-2015 3/3 from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Saharsa in connection with Complaint Case No. 1670 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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