Neha Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22045 of 2018 Arising Out of PS.Case No. -9 Year- 2018 Thana -BELDAUR District- KHAGARIA ======================================================

1. Neha Devi, wife of Ajay Singh @ Ajay Kumar Singh.

2. Renu Devi, wife of Lakshmi Prasad Singh.

3. Ajay Singh @ Ajay Kumar Singh, son of Lakshmi Prasad Singh. All Resident of Village+ P.O.- Bobil Fulwaria, P.S. Beldaur, District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 30-04-2018 Heard.

The petitioners seek pre-arrest bail in Beldaur P.S. Case No.9 of 2018 instituted for the offences under Sections 323, 341, 420, 379, 506 and 307 of the I.P.C.

Allegation as per the F.I.R. is that on 31.12.2017 at 1.30 P.M. on hearing cry of her son, the informant came out of her house and found that petitioner no.3 beating her son. She rushed to rescue him whereupon petitioner no.2 Renu Devi, and petitioner no.3, Ajay Kumar threw her on the ground and after thrashing they snatched her ear ring and silver chain from her neck. It has further been alleged that Ajay Kumar assaulted her with stone causing injury on her head with intent to kill her.

Patna High Court Cr.Misc. No.22045 of 2018 (2) dt.30-04-2018 2/3 It has been submitted that the informant and the petitioners are agnates and they are at litigating term for land dispute. The petitioner no.3 had lodged an F.I.R. against the informant and her family members bearing Beldaur P.S. Case No.133 of 2017. The injuries sustained by informant is simple in nature and so no offence under Section 307 of I.P.C. is made out. Learned A.P.P. opposed the submissions.

In the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of A.C.J.M.-3rd, Khagaria, in Beldaur P.S. Case No.9 of 2018 subject to the conditions as laid down under Section 438(2) of Cr.P.C. and further conditions that (i) One of the bailors must be a local person having sufficient immovable property within the jurisdiction of the concerned court, (ii) The petitioners will not induce any witness or tamper with the evidence (iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without

Patna High Court Cr.Misc. No.22045 of 2018 (2) dt.30-04-2018 3/3 showing any genuine reasons, the prosecution is free to move for cancellation of their bail.

(Sanjay Kumar, J) AnilKrSinha/- U