Sushila Devi And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2714 of 2016 Arising Out of PS.Case No. -245 Year- 2015 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sushila Devi Wife of Raghu Thakur

2. Gokhul Thakur Son of Late Saryug Thakur ... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anang Mohan Sinha, Advocate For the Opposite Party/s : Mr. Madhuri Lata(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-01-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 504, 506, 354A, 380, 307 and 448 of the Indian Penal Code.

Prosecution case is that the accused persons being the agnate of the informant were keeping bricks in open space on the house of the informant which was protested by the son of the informant, Subodh Kumar, whereupon co-accused Raghu Thakur and his wife started abusing and, thereafter, on the order of co-

Patna High Court Cr.Misc. No.2714 of 2016 (2) dt.18-01-2016 2/3 accused, Raghu Thakur, co-accused Narad Thakur caught hold the son of the informant and made assault on his abdomen and chest with bricks when co-accused Shatrughan Thakur assaulted him with 'farsa' on his head. It is further alleged that petitioner no.2 demolished the hutment of the informant whereas coaccused Upendra Thakur after entering into the house of the informant started abusing the female members and made an attempt to outrage their modesty and also took away gold chain of the informant's wife.

It is submitted by learned counsel for the petitioners that the accusation of assault is not against the petitioners and they have been roped in the present case in the background of land dispute being agnate of the informant. There is counter version of the occurrence also. Moreover, statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, 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 CJM, East Champaran at Motihari in

Patna High Court Cr.Misc. No.2714 of 2016 (2) dt.18-01-2016 3/3 connection with Ghorasahan (Jharokhar) P.S. Case No.245/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T