Lalpari Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71 of 2017 Arising Out of PS.Case No. -138 Year- 2016 Thana -UDAKISHANGANJ District- MADHEPURA ======================================================

1. Lalpari Devi, wife of Lal Bahadur Mahto,

2. Sunaina Devi, wife of Pancho Mahto, both resident of village Uda (Uda - Kishunganj), P.S. Uda - Kishunganj, District - Madhepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Dr. Sanjay Kumar Singh, Advocate For the Opposite Party/s : Smt. Reena Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 10-01-2017 Heard learned counsel for the Petitioners and the State.

The Petitioners apprehend their arrest in Uda Kishunganj P.S. Case No.138 of 2016 instituted for the offence under Section(s) 447, 341, 323, 325, 307/34 Indian Penal Code. It is alleged that on the date of occurrence Lal Bahadur Mahato ordered his brother and son to assault the informant. Thereafter, the accused persons as named in the First Information Report armed with Lathi, Danda and iron rod came at the door of the informant and assaulted him with Lathi, Danda and iron rod causing severe injuries due to which bleeding started and the informant fell down on the ground. The villagers brought the informant to Uda Kishanganj Hospital in unconscious state

Patna High Court Cr.Misc. No.71 of 2017 (2) dt.10-01-2017 2/2 from where he was referred to Sadar Hospital, Purnea, and from Sadar Hosptial to K.M.C.H, Katihar, where the informant was treated.

It has been submitted on behalf of the petitioners that there is land dispute between the parties for which Title Suit No. 29 of 2013 is pending in the Court of Munsif, Uda Kishunganj. Both the petitioners are ladies and there is no specific overt act levelled against them In such circumstances and keeping in view the fact that both the petitioners are ladies and there is no specific overt act against them, it is ordered that in the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Uda-Kishunganj P.S. Case No.138 of 2016, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Uda Kishunganj, Madhepura, subject to the conditions as laid down under Section 438(2) Cr. P. C. (Sanjay Priya, J) JA/- U T