Manorma Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31640 of 2017 Arising Out of PS.Case No. -65 Year- 2017 Thana -CHAUSA District- MADHEPURA ======================================================

1. Manorma Devi, w/o Mantu Sharma,

2. Rita Devi, w/o Vijay Sharma,

3. Shankar Sharma, s/o Baleshwar Sharma,

4. Ranjeet Sharma, son of Vidyanand Sharma,

5. Mantu Sharma @ Mantun Sharma, son of Kishun Sharma,

6. Tuntun Sharma, son of Kishun Sharma,

7. Rinku Sharma, son of Tuntun Sharma,

8. Srikant Sharma, son of Late Misri Sharma,

9. Luri Sharma, son of Late Ganeshi Sharma,

10. Jitan Sharma, son of Mantu Sharma, All resident of Village- Laualagan Tulsipur, P.S.- Chausa, District- Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nadimul Hasan For the Opposite Party/s : Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-07-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 147/148 /149/341/323/354/379/427/504/506 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners submits that admittedly there is a land dispute between the parties and that the occurrence took place on account of illegal construction being made on the land which is purportedly belonging to the petitioners. It is submitted that though there was altercation at the alleged occurrence, the attack is said to have been made by hands, fists and lathi which was neither pre-meditated nor intended to cause any bodily harm.

Patna High Court Cr.Misc. No.31640 of 2017 (2) dt.20-07-2017 P2/2 The occurrence is said to have taken place on the spur of the moment. In view of the aforementioned facts and circumstances and that the petitioners are having a clean antecedent, let the petitioners above named, in the event of their arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged 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 the learned Sub-Divisional Judicial Magistrate, Udakishunganj, Madhepura, in connection with Chuosa P.S. Case No. 65/2017, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T