Chandrakanti Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35695 of 2016 Arising Out of PS.Case No. -93 Year- 2016 Thana -BRAHMPUR District- BUXAR ======================================================

1. Chandrakanti Devi W/o Kamal Paswan

2. Pinki Kumari D/o Kamal Paswan Both resident of village - Umedpur, P.S. Brahmpur, District - Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Sri Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-09-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 338, 504, 326 and 307/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case is that the brother of the informant Mahendra Paswan asked his neighbour to remove the sand from his land which was protested by the co-accused Kamal Paswan when the nephew and niece of the informant came and made protest then all the accused persons including the petitioners assaulted with lathi and bricks to the informant. It is specifically alleged that petitioners and four others assaulted the

Patna High Court Cr.Misc. No.35695 of 2016 (2) dt.01-09-2016 2/3 informant and his brother, niece and nephew. The nephew of the informant was assaulted by petitioner no.1, Chandrakanti Devi with bricks when the niece of the informant was assaulted by coaccused Ajit Paswan with iron rod and when the informant came to rescue then co-accused Kamal Paswan fired causing injury to the nephew of the informant.

It is submitted by the learned counsel for the petitioners that in the background of land dispute, the accusation has been levelled. There is counter version of the occurrence also. The specific accusation against petitioner no.1 is to have assaulted the nephew of the informant with bricks but the injury report of nephew of the informant reflect superficial injury simple in nature. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent. Considering the fact that the petitioner are ladies and there is counter version of the occurrence also, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Buxar in connection with Brahmpur P.S. Case No. 93 of 2016, subject to

Patna High Court Cr.Misc. No.35695 of 2016 (2) dt.01-09-2016 3/3 the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T