Kanti Devi And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.44036 of 2017 (2) dt.14-09-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44036 of 2017 Arising Out of PS.Case No. -173 Year- 2016 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Kanti Devi, Wife of Ramprit Rai,
2. Ramprit Rai, Son of Late Jangi Rai, Both residents of Village- Hasanpur Yadav Tola, P.S.- Pipra, District- East Champaran.
3. Kishore Rai, Son of Late Maniklal Rai, Residents of Village- Saraiyapur Khaw Tola, P.S.- Pipra, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhishek Verma, Adv. For the Opposite Party/s : Mr. Sri Braj Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-09-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Pipra Police Station Case No. 173 of 2016, disclosing offences under Sections 341, 323, 324, 308, 448, 379, 354B, 504, 506 and 34 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. In fact, there is land dispute between the parties due to which altercation took place between them and both of them have sustained injury
Patna High Court Cr.Misc. No.44036 of 2017 (2) dt.14-09-2017 and also case and counter case has been lodged by both the parties and the informant along with others have also been convicted by learned Sessions Judge, East Champaran in Sessions Trial No. 524 of 2013 arising out of Pipra P.S. Case No.321 of 2011 filed by one of the petitioner. Hence, the petitioners, who are of clean antecedent, 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) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari, in connection with Pipra Police Station Case No. 173 of 2016, subject to the condition laid down under Section 438
(2) of the Code of Criminal Procedure.
(Arvind Srivastava, J) brajesh/- U T