Anita Devi @ Anila Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29142 of 2015 Arising Out of PS.Case No. -67 Year- 2015 Thana -BACHWARA District- BEGUSARAI ======================================================

1. Anita Devi @ Anila Devi, W/o Devendra Rai

2. Sunita Devi, W/o Ram Pravesh Rai

3. Shyam Sundari Devi, W/o Hari Narayan Rai

4. Nitu Devi, D/o Devendra Rai All Resident of Village- Bishanpur, P.S.- Bachhwara, District Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Mr. Sanjay Kr. Tiwary(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-10-2015 Heard learned counsel for the petitioners and the learned counsel for the informant as well as the learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Bachhawara P.S. Case No.67 of 2015 for allegedly having committed the offences under Sections 447, 323, 504, 302, 147, 148 and 149 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are women and family members of accused Devendra Rai and have been made accused in the present case. Learned counsel for the petitioners submits that, admittedly,

Patna High Court Cr.Misc. No.29142 of 2015 (3) dt.05-10-2015 2/3 there was a free fight between both the parties, who are agnates and have been litigating on account of some land disputes. Learned counsel for the petitioner further submits that in view of the fact that there is no specific allegation against these petitioners save and except the allegation that petitioner no.4 had brought the bamboo in question for injuring one of the agnates, who subsequently succumbed to his injuries, there is no premeditation as is being made out in the present case. Learned counsel for the informant is also present in Court and submits that had petitioner no.4 not provided bamboo in question, the matter would not have come to such an end.

However, considering the fact that there is no further material in the case diary and that the petitioners are women, let the petitioners, above named, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Deo Priya Kumar, learned Judicial Magistrate, 1st Class, Begusarai, in connection with

Patna High Court Cr.Misc. No.29142 of 2015 (3) dt.05-10-2015 3/3 Bachhawara P.S. Case No.67 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T