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Patna High CourtCR. MISC./26941/2019disposed

Sunita Devi v. The State Of Bihar

2019-04-25Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26941 of 2019 Arising Out of PS. Case No.-88 Year-2019 Thana- SONEPUR District- Saran ====================================================== 1.

SUNITA DEVI Wife of Dharmendra Kumar Singh 2.

Asha Devi Wife of Anil Singh 3.

Radhika Devi Wife of Mrityunjay Singh 4.

Brajesh Kumar @ Brajesh Kr. Singh 5.

Chhotelal Kumar @ Chhotan Singh 6.

Dharmendra Kumar Singh All 4,5 and 6 are sons of Anil Singh.

7.

Anil Singh Son of Late Mishri Lal Singh 8.

Manoj Kumar Singh @ Manoj Singh Son of Lalan Singh All 1 to 8 are residents of Village- Sabalpur Hastitola, Batrauli, P.S.- Sonepur, District- Saran at Chapra.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Kumar Yadav For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-04-2019 Heard learned counsel for the parties.

The petitioners are apprehending their arrest in connection with Sonepur P.S.Case No.88 of 2019 dated 8.2.2019 , registered for offences punishable under Sections 147, 447, 341, 323, 504, 506, 379, 427, 387 of the Indian Penal Code.

Allegation against the petitioners altogether eight in number is that while the informant was installing pillar and wire

Patna High Court CR. MISC. No.26941 of 2019(2) dt.25-04-2019 2/3 on the land situated at Sabalpur Batrauli Hastitola , in the meantime, the petitioners came and petitioner Dharmendra Kumar fired with the country-made pistol, due to which the informant and others anyhow fled away from there and the labourers were also threatened. The accused persons were lashed with arms and they were demanding Rs.10 lac . It is also alleged that previously also the petitioners had disturbed the ownership of the informant over the land in question and for that also Sonoepur P.S.Case no.1009 of 2018 has been registered.

Submission of the learned counsel for the petitioners is that there is land dispute between the parties and as a matter of fact the informant and others are damaging the boundary wall and lodged this false and concocted case. It is further submitted that the petitioner nos. 1 to 3 are ladies and no specific allegation has been attributed against any one. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, so far petitioner nos. 1 Sunita Devi, 2. Asha Devi, and 3. Radhia Devi in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of order be released on bail on

Patna High Court CR. MISC. No.26941 of 2019(2) dt.25-04-2019 3/3 furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM Ist, Saran at Chapra in connection with Sonepur P.S.Case No.88 of 2019 dated 8.2.2019, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

So far petitioner nos. 4. Brajesh Kuamr @ Brajesh Kr. Singh, 5. Chhotelal Kuamr @ Chhotan Singh, 6. Dharmendra Kuamr Singh, 7. Anil Singh and 8. Manoj Kumar Singh @ Manoj Singh are concerned, they are directed to surrender before the learned court below within a period of six weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below without being prejudiced by the order of this Court. With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T