Manju Devi And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.8430 of 2018 (3) dt.14-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8430 of 2018 Arising Out of PS.Case No. -184 Year- 2017 Thana -BELDAUR District- KHAGARIA ======================================================

1. Manju Devi, W/o Late Diwakar Sharma,

2. Rekha Devi W/o Kripakar Sharma,

3. Sunaina Devi @ Sulena Devi W/o Manikant Sharma, All R/o VillageBhola Das Basa, P.S.- Beldour, District- Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar, Adv. For the Opposite Party/s : Mr. Smt. Anita Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-03-2018 This case has been brought under the heading "To Be Mentioned."

It appears from the order sheet dated 17.02.2018 that petitioners, above named, have been granted privilege of anticipatory bail on 17.02.2018 but inadvertently Cr.

Miscellaneous No. 8438 of 2018 has been typed in place of Cr. Misc. No. 8430 of 2018, therefore, name of the petitioners have also been changed.

In view of the above, the order dated 17.02.2018 is rescinded and following fresh order is being passed. "This applicaton, for grant of anticipatory bail, arises out of Beldour Police Station Case No. 184 of 2017, disclosing

Patna High Court Cr.Misc. No.8430 of 2018 (3) dt.14-03-2018 offences under Sections 147, 148, 341, 323, 307, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, scuffle took place between the parties on account of cutting of Shisam tree in which both the parties have sustained injuries and case and counter case have been lodged by both the parties. Moreover, the parties have also arrived at compromise, which is evident from annexure-4. Hence, the petitioners deserve the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Khagaria, in connection with Beldour Police Station Case No. 184 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) brajesh/- U T