Shanti Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30089 of 2016 Arising Out of PS.Case No. -65 Year- 2015 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Shanti Devi Wife of Sri Gajadhar Sah,

2. Gajadhar Sah, son of Yadu Nandan Sah both are resident of VillageBaswariya, P.S.- Motihari Muffasil District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. Sri Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-09-2016 Heard both sides.

The petitioners apprehend their arrest in Muffasil P.S. case No. 65 of 2015 under Section 307 and other Sections of the Indian Penal Code.

The informant alleged that her grand son had gone to attend the call of nature in the field of Gajadhar Sah, petitioner No.2, for that Gajadhar Sah came to complain. The accused persons, having armed with different weapons, began to abuse the informant. Gajadhar Sah is said to have assaulted the informant with Farsa on her head.

It is submitted that one lacerated wound, which is simple in nature, is found on the head of informant. The police

Patna High Court Cr.Misc. No.30089 of 2016 (2) dt.08-09-2016 2/2 after investigation submitted charge sheet under 323, 354 and other Sections of the IPC and not under Section 307 of the IPC. It appears that due to some altercation between the petitioners and informant only because the petitioners raised objection of defecation of grand son of informant in their garden the occurrence took place.

Considering the facts aforesaid and the nature of allegations made against the petitioners, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateXI, East Champaran at Motihari, in Muffasil P.S. Case No. 65 of 2015, Trial No. 560 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T