Kanti Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 44097 of 2016 Arising Out of PS.Case No. -163 Year- 2015 Thana -CHHATAUNI District- EAST CHAMPARAN (MOTIHARI) ===========================================================

1. Kanti Devi wife of Ramautar Sah.

2. Rupanti Devi Wife of Madan Sah.

3. Biki Kumari daughter of Madan Sah.

4. Premshila Devi wife of Chathu Sah.

5. Ramautar Sah Son of Late Dil Chand Sah.

6. Diwakar Kumar Son of Madan Sah.

7. Guddu Kumar Son of Chathu Sah.

All Residents of Village-Baba Bariyarpur, P.S.- Chhatauni, District-East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the State :

Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 17-10-2016 Heard learned counsel for the parties.

The petitioners apprehend arrest in connection with Chhatauni P.S. Case No. 163 of 2015 dated 01.08.2015 instituted under Sections 147/148/149/323/307//379/504 of the Indian Penal Code.

The petitioners, who are family members are alleged to have assaulted the informant and her family members causing injury on the person of the daughter of the informant and other lady members. However, the same is specific against the petitioners no. 5,

Patna High Court Cr.Misc. No.44097 of 2016 dt.17-10-2016 2/2 6, and 7 i.e., the male members whereas against petitioners no. 1 to 4, it is general and omnibus and they are womenfolk. Learned counsel submits that besides the aforesaid, the parties are agnates and there was dispute due to partition. It is further submitted that the petitioners have clean antecedent.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners no. 1 to 4 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 the learned Chief Judicial Magistrate, East Champaran at Motihari in Chhatauni P.S. Case No. 163 of 2015, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

The prayer for anticipatory bail of petitioners no. 5, 6 and 7 stands rejected.

(Ahsanuddin Amanullah, J.) P. Kumar U T