Guriya Devi @ Guriya Kumari And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23131 of 2018 Arising Out of PS. Case No.-93 Year-2018 Thana- HAJIPUR District- Vaishali ======================================================
1. Guriya Devi @ Guriya Kumari, W/o- Ramdeni Singh,
2. Ramdeni Singh, S/o- Late Sakhichand Singh, Both are R/oMohalla- Andar Kila Patthar Masjid, P.S.- Hajipur Town, District- Viashali (Hajipur).
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Laxmi Singh S/o Late Sakhichand Singh, R/o Mohalla- Andar Kila Patthar Masjid, P.S.- Hajipur Town, District- Vaishali (Hajipur). ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajendra Nath Sinha For the Opposite Party/s :
Mr. Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-04-2018 Heard learned counsels for the petitioners and State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 448, 341, 323, 325, 379, 308, 504 and 506/34 of the IPC.
The prosecution case as per the fardbeyan of Laxmi Singh, recorded by Sub-Inspector of Police, Hajipur Town Police Station, on 10.02.2018 at 5 PM at Sadar Hospital, is to the effect that on 10.02.2018 at 12.30 PM, the informant's brothers, nephew and niece including the petitioners came and started assaulting him. It is specifically alleged that the brother of the informant Kapildeo Singh assaulted with iron rod on the right leg of the informant causing fracture injury. Gopal Kumar
Patna High Court Cr.Misc. No.23131 of 2018(2) dt.26-04-2018 2/3 @Golu assaulted with sword on the head of the informant when other co-accused persons assaulted with fists and slaps. Bhola Kumar snatched chain locket worth Rs. 15000/- and co-accused Prabhakar Raj snatched Rs. 30,000/- cash.
It is submitted by learned counsel for the petitioners that petitioner no.2 is the own brother of the informant whereas petitioner no.1 is the wife of petitioner no.2. in the background of Title Suit No. 592 of 2016 filed by the informant, the accusation has been levelled. There is no specific accusation levelled against the petitioners, as the FIR reflects that accusation of assault is specific only against Kapildeo Singh and Gopal Kumar and accusation of snatching jwellery and cash is against co-accused Bhola Kumar and Prabhakar Raj. Learned APP submits that the petitioners are named in the FIR.
Considering the accusation being omnibus and general against the petitioners, which has been levelled in the background of land dispute and statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from
Patna High Court Cr.Misc. No.23131 of 2018(2) dt.26-04-2018 3/3 today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Vaishali in connection with Hajipur Town P.S. Case No. 93 of 2018. subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T