Tabya Kumar Das @ Tabya Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50688 of 2016 Arising Out of PS.Case No. -165 Year- 2016 Thana -HILSA District- NALANDA (BIHARSHARIFF) ======================================================

1. Tabya Kumar Das @ Tabya Kumar.

2. Sakuntla Devi @ Sakunta Devi.

3. Bibha Devi.

4. Deepa Kumari @ Deepake Kumari.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Tej Narayan Singh, Advocate. For the Opposite Party : Smt. Indu Bala Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Hilsa P.S. Case No. 165 of 2016 for the offences instituted under Sections 447, 323, 324, 307, 379 and 504/34 of the IPC.

The prosecution story, in brief, is that on 01.04.2016 at about 5.00 P.M. while the informant reached his house, the petitioners alongwith others surrounded him and started abusing and extorting to kill him. Co-accused Bholi Ravidas gave sword blow causing cut injury in his eye brow. Co-accused Ashok Ravidas and petitioner no. 1 assaulted him with rod. Petitioner

Patna High Court Cr.Misc. No.50688 of 2016 (3) dt.08-12-2016 2/3 nos. 2 and 3 and wife of Juliya extorted co-accused Bhola Ravidas to kill as he frequently, lodges case against them. Co-accused Ashok Ravidas also took away golden locket of Hanuman Jee. When the Bhabhi of the informant came to rescue him, all the accused persons assaulted her also. The reason of occurrence is arrest of accused Daulti Devi and Bholi Devi in Hilsa P.S. Case No. 05/2016.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. They have falsely been implicated in the present case. The injury is said to be simple in nature. Hence no offence under Section 307 IPC is made out.

On behalf of the States it has been submitted that the petitioners are amed in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Hilsa P.S. Case No. 165/2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Hilsa, Nalanda, subject to the conditions

Patna High Court Cr.Misc. No.50688 of 2016 (3) dt.08-12-2016 3/3 as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T