Muniya Devi @Munia Devi Andors v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37594 of 2017 Arising Out of PS.Case No. -151 Year- 2017 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================
1. Muniya Devi @Munia Devi, Wife of Santlal Paswan,
2. Sanjeev Kumar @ Sanjit Paswan, Son of Santlal Paswan.
3. Sarita Devi, Wife of Sanjeev Paswan, All residents of Village Chakiya, P.S. Vaishali, Distt.- Vaishali.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 10-08-2017 Heard learned counsels for the petitioners and the State.
The petitioners apprehend their arrest in connection with Vaishali P. S. Case No. 151 of 2017 instituted under Sections 302/34 of the Indian Penal Code.
The allegation, in brief, is that there was quarrel in between the informant and the accused persons, who are agnates, over a sale proceed of a tree, they were abusing each other in the meanwhile, Sant Lal Paswan came with sharp edged sickle and assaulted on the chest of the brother of the informant causing his death.
Learned counsel for the petitioners submits that anticipatory bail application with respect to the petitioner no. 3 has
Patna High Court Cr.Misc. No.37594 of 2017 (2) dt.10-08-2017 2/2 become infructuous, so he wants to withdraw the same. According, it is dismissed as withdrawn.
Learned counsel for the petitioners submits that there is no allegation of assault against the petitioner no. 1 and 2 and they have been named because they are wife and son of Sant Lal Paswan against whom allegation of assault to the deceased is made. Moreover, there is also land dispute between both sides. Having considered the facts that allegation of asult to the informant's brother is against Sant Lal Paswan and there is no allegation of assault against petitioner nos. 1 and 2, let the petitioners, namely, Muniya Devi @ Munia Devi and Sanjeev Kumar @ Sanjit Paswan, in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali in connection with Vaishali P.S.Case No. 151 of 2017; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.
(Arun Kumar, J) Sujit/- U